| 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 | *hb0236* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 236 | |
| 11 | 8 | D3 5lr1166 | |
| 12 | 9 | HB 911/24 – JUD (PRE–FILED) CF SB 92 | |
| 13 | - | By: Delegate Valentine Delegates Valentine, Crutchfield, Cardin, Tomlinson, | |
| 14 | - | Schmidt, Simmons, Phillips, Arikan, Simpson, Grammer, Sample –Hughes, | |
| 15 | - | Conaway, Kaufman, and Williams | |
| 10 | + | By: Delegate Valentine | |
| 16 | 11 | Requested: October 10, 2024 | |
| 17 | 12 | Introduced and read first time: January 8, 2025 | |
| 18 | 13 | Assigned to: Judiciary | |
| 19 | - | Committee Report: Favorable with amendments | |
| 20 | - | House action: Adopted | |
| 21 | - | Read second time: February 25, 2025 | |
| 22 | 14 | ||
| 23 | - | ||
| 15 | + | A BILL ENTITLED | |
| 24 | 16 | ||
| 25 | 17 | AN ACT concerning 1 | |
| 26 | 18 | ||
| 27 | - | Peace Orders | |
| 19 | + | Peace Orders – Intentional Visual Surveillance 2 | |
| 28 | 20 | ||
| 29 | 21 | FOR the purpose of authorizing a certain person to petition for a peace order against 3 | |
| 30 | 22 | another person whom the petitioner alleges has conducted intentional visual 4 | |
| 31 | 23 | surveillance of areas of the petitioner’s residence where the petitioner has a 5 | |
| 32 | 24 | reasonable expectation of privacy; expanding the relief that may be included in a 6 | |
| 33 | - | final peace order; altering the acts that constitute criminal harassment to include 7 | |
| 34 | - | certain intentional visual surveillance of an area of another person’s residence where 8 | |
| 35 | - | the other has a reasonable expectation of privacy; and generally relating to peace 9 | |
| 36 | - | orders and visual surveillance. 10 | |
| 25 | + | final peace order; and generally relating to peace orders and visual surveillance. 7 | |
| 37 | 26 | ||
| 38 | - | BY repealing and reenacting, without amendments, | |
| 39 | - | Article – Courts and Judicial Proceedings | |
| 40 | - | Section 3–1501(a) and (i) | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2020 Replacement Volume and 2024 Supplement) | |
| 27 | + | BY repealing and reenacting, without amendments, 8 | |
| 28 | + | Article – Courts and Judicial Proceedings 9 | |
| 29 | + | Section 3–1501(a) and (i) 10 | |
| 30 | + | Annotated Code of Maryland 11 | |
| 31 | + | (2020 Replacement Volume and 2024 Supplement) 12 | |
| 43 | 32 | ||
| 44 | - | BY repealing and reenacting, with amendments, 16 | |
| 45 | - | Article – Courts and Judicial Proceedings 17 | |
| 46 | - | Section 3–1503(a)(1) and 3–1505(d)(1) 18 | |
| 47 | - | Annotated Code of Maryland 19 | |
| 48 | - | (2020 Replacement Volume and 2024 Supplement) 20 2 HOUSE BILL 236 | |
| 33 | + | BY repealing and reenacting, with amendments, 13 | |
| 34 | + | Article – Courts and Judicial Proceedings 14 | |
| 35 | + | Section 3–1503(a)(1) and 3–1505(d)(1) 15 | |
| 36 | + | Annotated Code of Maryland 16 | |
| 37 | + | (2020 Replacement Volume and 2024 Supplement) 17 | |
| 38 | + | ||
| 39 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
| 40 | + | That the Laws of Maryland read as follows: 19 | |
| 41 | + | ||
| 42 | + | Article – Courts and Judicial Proceedings 20 | |
| 43 | + | ||
| 44 | + | 3–1501. 21 | |
| 45 | + | ||
| 46 | + | (a) In this subtitle the following words have the meanings indicated. 22 | |
| 47 | + | ||
| 48 | + | (i) “Residence” includes the yard, grounds, outbuildings, and common areas 23 2 HOUSE BILL 236 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | + | surrounding the residence. 1 | |
| 51 | 52 | ||
| 52 | - | BY repealing and reenacting, with amendments, 1 | |
| 53 | - | Article – Criminal Law 2 | |
| 54 | - | Section 3–803 3 | |
| 55 | - | Annotated Code of Maryland 4 | |
| 56 | - | (2021 Replacement Volume and 2024 Supplement) 5 | |
| 53 | + | 3–1503. 2 | |
| 57 | 54 | ||
| 58 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 59 | - | That the Laws of Maryland read as follows: 7 | |
| 55 | + | (a) (1) A petitioner may seek relief under this subtitle by filing with the court, 3 | |
| 56 | + | or with a commissioner under the circumstances specified in § 3–1503.1(a) of this subtitle, 4 | |
| 57 | + | a petition that alleges the commission of any of the following acts against the petitioner, or 5 | |
| 58 | + | any of the following acts against the petitioner’s employee at the employee’s workplace, by 6 | |
| 59 | + | the respondent, if the act occurred within 30 days before the filing of the petition: 7 | |
| 60 | 60 | ||
| 61 | - | ||
| 61 | + | (i) An act that causes serious bodily harm; 8 | |
| 62 | 62 | ||
| 63 | - | 3–1501. 9 | |
| 63 | + | (ii) An act that places the petitioner or the petitioner’s employee in 9 | |
| 64 | + | fear of imminent serious bodily harm; 10 | |
| 64 | 65 | ||
| 65 | - | ( | |
| 66 | + | (iii) Assault in any degree; 11 | |
| 66 | 67 | ||
| 67 | - | (i) “Residence” includes the yard, grounds, outbuildings, and common areas 11 | |
| 68 | - | surrounding the residence. 12 | |
| 68 | + | (iv) False imprisonment; 12 | |
| 69 | 69 | ||
| 70 | - | 3– | |
| 70 | + | (v) Harassment under § 3–803 of the Criminal Law Article; 13 | |
| 71 | 71 | ||
| 72 | - | (a) (1) A petitioner may seek relief under this subtitle by filing with the court, 14 | |
| 73 | - | or with a commissioner under the circumstances specified in § 3–1503.1(a) of this subtitle, 15 | |
| 74 | - | a petition that alleges the commission of any of the following acts against the petitioner, or 16 | |
| 75 | - | any of the following acts against the petitioner’s employee at the employee’s workplace, by 17 | |
| 76 | - | the respondent, if the act occurred within 30 days before the filing of the petition: 18 | |
| 72 | + | (vi) Stalking under § 3–802 of the Criminal Law Article; 14 | |
| 77 | 73 | ||
| 78 | - | ( | |
| 74 | + | (vii) Trespass under Title 6, Subtitle 4 of the Criminal Law Article; 15 | |
| 79 | 75 | ||
| 80 | - | ( | |
| 81 | - | ||
| 76 | + | (viii) Malicious destruction of property under § 6–301 of the Criminal 16 | |
| 77 | + | Law Article; 17 | |
| 82 | 78 | ||
| 83 | - | (iii) Assault in any degree; 22 | |
| 79 | + | (ix) Misuse of telephone facilities and equipment under § 3–804 of 18 | |
| 80 | + | the Criminal Law Article; 19 | |
| 84 | 81 | ||
| 85 | - | (iv) False imprisonment; 23 | |
| 82 | + | (x) Misuse of electronic communication or interactive computer 20 | |
| 83 | + | service under § 3–805 of the Criminal Law Article; 21 | |
| 86 | 84 | ||
| 87 | - | ( | |
| 85 | + | (xi) Revenge porn under § 3–809 of the Criminal Law Article; [or] 22 | |
| 88 | 86 | ||
| 89 | - | (vi) Stalking under § 3–802 of the Criminal Law Article; 25 | |
| 87 | + | (xii) Visual surveillance under § 3–901, § 3–902, or § 3–903 of the 23 | |
| 88 | + | Criminal Law Article; OR 24 | |
| 90 | 89 | ||
| 91 | - | (vii) Trespass under Title 6, Subtitle 4 of the Criminal Law Article; 26 | |
| 90 | + | (XIII) INTENTIONAL VISUAL SU RVEILLANCE, WHETHER OR NOT 25 | |
| 91 | + | PROHIBITED UNDER § 3–901, § 3–902, OR § 3–903 OF THE CRIMINAL LAW ARTICLE, 26 | |
| 92 | + | OF AREAS OF THE PETI TIONER’S RESIDENCE WHERE TH E PETITIONER HA S A 27 | |
| 93 | + | REASONABLE EXPECTATI ON OF PRIVACY . 28 | |
| 92 | 94 | ||
| 93 | - | (viii) Malicious destruction of property under § 6–301 of the Criminal 27 | |
| 94 | - | Law Article; 28 | |
| 95 | - | ||
| 96 | - | (ix) Misuse of telephone facilities and equipment under § 3–804 of 29 | |
| 97 | - | the Criminal Law Article; 30 HOUSE BILL 236 3 | |
| 95 | + | 3–1505. 29 | |
| 96 | + | HOUSE BILL 236 3 | |
| 98 | 97 | ||
| 99 | 98 | ||
| 99 | + | (d) (1) The final peace order may include any or all of the following relief: 1 | |
| 100 | 100 | ||
| 101 | - | (x) Misuse of electronic communication or interactive computer 1 | |
| 102 | - | service under § 3–805 of the Criminal Law Article; 2 | |
| 101 | + | (i) Order the respondent to refrain from committing or threatening 2 | |
| 102 | + | to commit an act specified in § 3–1503(a) of this subtitle against the petitioner or the 3 | |
| 103 | + | petitioner’s employee; 4 | |
| 103 | 104 | ||
| 104 | - | (xi) Revenge porn under § 3–809 of the Criminal Law Article; [or] 3 | |
| 105 | + | (ii) Order the respondent to refrain from contacting, attempting to 5 | |
| 106 | + | contact, or harassing the petitioner or the petitioner’s employee; 6 | |
| 105 | 107 | ||
| 106 | - | ( | |
| 107 | - | ||
| 108 | + | (iii) Order the respondent to refrain from entering the residence of 7 | |
| 109 | + | the petitioner or the petitioner’s employee; 8 | |
| 108 | 110 | ||
| 109 | - | (XIII) INTENTIONAL VISUAL SU RVEILLANCE, WHETHER OR NOT 6 | |
| 110 | - | PROHIBITED UNDER § 3–901, § 3–902, OR § 3–903 OF THE CRIMINAL LAW ARTICLE, 7 | |
| 111 | - | OF AREAS OF THE PETI TIONER’S RESIDENCE WHERE TH E PETITIONER HAS A 8 | |
| 112 | - | REASONABLE EXPECTATI ON OF PRIVACY . 9 | |
| 111 | + | (iv) Order the respondent to remain away from the place of 9 | |
| 112 | + | employment, school, or temporary residence of the petitioner or the petitioner’s employee; 10 | |
| 113 | 113 | ||
| 114 | - | 3–1505. 10 | |
| 114 | + | (v) Direct the respondent or petitioner to participate in 11 | |
| 115 | + | professionally supervised counseling or, if the parties are amenable, mediation; [and] 12 | |
| 115 | 116 | ||
| 116 | - | (d) (1) The final peace order may include any or all of the following relief: 11 | |
| 117 | + | (vi) Order either party to pay filing fees and costs of a proceeding 13 | |
| 118 | + | under this subtitle; AND 14 | |
| 117 | 119 | ||
| 118 | - | (i) Order the respondent to refrain from committing or threatening 12 | |
| 119 | - | to commit an act specified in § 3–1503(a) of this subtitle against the petitioner or the 13 | |
| 120 | - | petitioner’s employee; 14 | |
| 120 | + | (VII) FOR AN ACT OF VISUAL SURVEILLANCE , ORDER THE 15 | |
| 121 | + | RESPONDENT TO : 16 | |
| 121 | 122 | ||
| 122 | - | (ii) Order the respondent to refrain from contacting, attempting to 15 | |
| 123 | - | contact, or harassing the petitioner or the petitioner’s employee; 16 | |
| 123 | + | 1. REMOVE OR REPOSITION A DEVICE BEING USED FOR 17 | |
| 124 | + | VISUAL SURVEILLANCE WITHIN 15 DAYS AFTER ISSUANCE OF A FINAL PEACE ORD ER 18 | |
| 125 | + | UNDER THIS SECTION ; AND 19 | |
| 124 | 126 | ||
| 125 | - | (iii) Order the respondent to refrain from entering the residence of 17 | |
| 126 | - | the petitioner or the petitioner’s employee; 18 | |
| 127 | + | 2. REFRAIN FROM FURTHER VISUAL SURVEILLANCE . 20 | |
| 127 | 128 | ||
| 128 | - | (iv) Order the respondent to remain away from the place of 19 | |
| 129 | - | employment, school, or temporary residence of the petitioner or the petitioner’s employee; 20 | |
| 130 | - | ||
| 131 | - | (v) Direct the respondent or petitioner to participate in 21 | |
| 132 | - | professionally supervised counseling or, if the parties are amenable, mediation; [and] 22 | |
| 133 | - | ||
| 134 | - | (vi) Order either party to pay filing fees and costs of a proceeding 23 | |
| 135 | - | under this subtitle; AND 24 | |
| 136 | - | ||
| 137 | - | (VII) FOR AN ACT OF VISUAL SURVEILLANCE , ORDER THE 25 | |
| 138 | - | RESPONDENT TO : 26 | |
| 139 | - | ||
| 140 | - | 1. REMOVE OR REPOSITION A DEVICE BEING USED FOR 27 | |
| 141 | - | VISUAL SURVEILLANCE WITHIN 15 DAYS AFTER ISSUANCE OF A FINAL PEACE ORDER 28 | |
| 142 | - | UNDER THIS SECTION ; AND 29 | |
| 143 | - | ||
| 144 | - | 2. REFRAIN FROM FURTHER VISUAL SURVEILLANCE . 30 | |
| 145 | - | 4 HOUSE BILL 236 | |
| 146 | - | ||
| 147 | - | ||
| 148 | - | Article – Criminal Law 1 | |
| 149 | - | ||
| 150 | - | 3–803. 2 | |
| 151 | - | ||
| 152 | - | (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3 | |
| 153 | - | INDICATED. 4 | |
| 154 | - | ||
| 155 | - | (2) “RESIDENCE” INCLUDES THE YARD , GROUNDS, OUTBUILDINGS , 5 | |
| 156 | - | AND COMMON AREAS SUR ROUNDING A RESIDENCE . 6 | |
| 157 | - | ||
| 158 | - | (3) “VISUAL SURVEILLANCE ” HAS THE MEANING STAT ED IN § 3–901 7 | |
| 159 | - | OF THIS TITLE. 8 | |
| 160 | - | ||
| 161 | - | (B) A person may not follow another in or about a public place, CONDUCT VISUAL 9 | |
| 162 | - | SURVEILLANCE OF AN A REA OF ANOTHER ’S RESIDENCE WHERE TH E OTHER HAS A 10 | |
| 163 | - | REASONABLE EXPECTATI ON OF PRIVACY , or maliciously engage in a course of conduct 11 | |
| 164 | - | that alarms or seriously annoys the other: 12 | |
| 165 | - | ||
| 166 | - | (1) with the intent to harass, alarm, or annoy the other; 13 | |
| 167 | - | ||
| 168 | - | (2) after receiving a reasonable warning or request to stop by or on behalf 14 | |
| 169 | - | of the other; and 15 | |
| 170 | - | ||
| 171 | - | (3) without a legal purpose. 16 | |
| 172 | - | ||
| 173 | - | [(b)] (C) (1) This section does not apply to a peaceable activity intended to 17 | |
| 174 | - | express a political view or provide information to others. 18 | |
| 175 | - | ||
| 176 | - | (2) THIS SECTION MAY NOT BE CONSTRUED IN A MA NNER THAT 19 | |
| 177 | - | INFRINGES ON ANY RIG HT GUARANTEED UNDER THE UNITED STATES 20 | |
| 178 | - | CONSTITUTION OR THE MARYLAND DECLARATION OF RIGHTS. 21 | |
| 179 | - | ||
| 180 | - | [(c)] (D) A person who violates this section is guilty of a misdemeanor and on 22 | |
| 181 | - | conviction is subject to: 23 | |
| 182 | - | ||
| 183 | - | (1) for a first offense, imprisonment not exceeding 90 days or a fine not 24 | |
| 184 | - | exceeding $500 or both; and 25 | |
| 185 | - | ||
| 186 | - | (2) for a second or subsequent offense, imprisonment not exceeding 180 26 | |
| 187 | - | days or a fine not exceeding $1,000 or both. 27 | |
| 188 | - | ||
| 189 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 | |
| 190 | - | October 1, 2025. 29 | |
| 191 | - | ||
| 129 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 130 | + | October 1, 2025. 22 | |
| 192 | 131 | ||
| 193 | 132 |