EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0616*
HOUSE BILL 616
E2 5lr0851
HB 593/24 – JUD CF SB 421
By: Delegates Hutchinson, Adams, Sample –Hughes, and Schmidt
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Destroying Funerary Objects and Cemetery Elements – Statute 2
of Limitations and Prohibition 3
FOR the purpose of increasing the statute of limitations for prosecutions relating to 4
destroying funerary objects and other elements of a cemetery to begin at the time 5
local authorities knew or reasonably should have known of the violation; prohibiting 6
a person from willfully destroying, damaging, defacing, or removing landscaping or 7
part of the grounds of a cemetery; and generally relating to the statute of limitations 8
for and prosecution of the crime of destroying funerary objects and other elements of 9
a cemetery. 10
BY repealing and reenacting, without amendments, 11
Article – Courts and Judicial Proceedings 12
Section 5–106(a) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Courts and Judicial Proceedings 17
Section 5–106(jj) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Criminal Law 22
Section 10–404(a) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Criminal Law 27 2 HOUSE BILL 616
Section 10–404(b) and (d) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Courts and Judicial Proceedings 6
5–106. 7
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8
8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 9
instituted within 1 year after the offense was committed. 10
(JJ) A PROSECUTION FOR A VI OLATION OF § 10–404(A) OR (B) OF THE 11
CRIMINAL LAW ARTICLE RELATING TO T HE DESTRUCTION OF FU NERARY OBJECTS 12
AND OTHER ELEMENTS O F A CEMETERY SHALL BE INSTITUTED WITHIN 3 YEARS 13
AFTER THE LOCAL AUTHORITIE S IN FACT KNEW OR REASONABLY SHOULD HA VE 14
KNOWN OF THE VIOLATI ON. 15
Article – Criminal Law 16
10–404. 17
(a) (1) Subject to the provisions of paragraph (2) of this subsection, a person 18
may not willfully destroy, damage, deface, or remove: 19
(i) an associated funerary object or another structure placed in a 20
cemetery; [or] 21
(ii) a building, wall, fence, railing, or other work, for the use, 22
protection, or ornamentation of a cemetery; OR 23
(III) LANDSCAPING OR PART OF THE GROUNDS OF A CEMETERY. 24
(2) The provisions of paragraph (1) of this subsection do not prohibit the 25
removal of a funerary object or a building, wall, fence, railing, LANDSCAPING , or other 26
object installed for the use, protection, or ornamentation of a cemetery or burial site, for 27
the purpose of repair or replacement, either at the request of or with the permission of heirs 28
or descendants of the deceased or the owner or manager of the cemetery or burial site. 29
(b) (1) Subject to the provisions of paragraph (2) of this subsection, a person 30
may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery. 31
HOUSE BILL 616 3
(2) The provisions of paragraph (1) of this subsection do not prohibit 1
normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, 2
removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 3
(d) A person who violates this section is guilty of a misdemeanor and on conviction 4
is subject to: 5
(1) for a violation of subsection (a) of this section, imprisonment not 6
exceeding 5 years or a fine not exceeding $10,000 or both; and 7
(2) for a violation of subsection (b) or (c) of this section, imprisonment not 8
exceeding 2 years or a fine not exceeding $500 or both. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11