EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0616*
HOUSE BILL 616
E2 (5lr0851)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Hutchinson, Adams, Sample –Hughes, and Schmidt
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
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 2 HOUSE BILL 616
(2020 Replacement Volume and 2024 Supplement) 1
BY adding to 2
Article – Courts and Judicial Proceedings 3
Section 5–106(jj) 4
Annotated Code of Maryland 5
(2020 Replacement Volume and 2024 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Law 8
Section 10–404(a) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Law 13
Section 10–404(b) and (d) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Courts and Judicial Proceedings 19
5–106. 20
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 21
8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 22
instituted within 1 year after the offense was committed. 23
(JJ) A PROSECUTION FOR A VI OLATION OF § 10–404(A) OR (B) OF THE 24
CRIMINAL LAW ARTICLE RELATING TO T HE DESTRUCTION OF FU NERARY OBJECTS 25
AND OTHER ELEMENTS O F A CEMETERY SHALL BE INSTITUTED WITHIN 3 YEARS 26
AFTER THE LOCAL AUTHORITIE S IN FACT KNEW OR RE ASONABLY SHOULD HAVE 27
KNOWN OF THE VIOLATION. 28
Article – Criminal Law 29
10–404. 30
(a) (1) Subject to the provisions of paragraph (2) of this subsection, a person 31
may not willfully destroy, damage, deface, or remove: 32
(i) an associated funerary object or another structure placed in a 33
cemetery; [or] 34 HOUSE BILL 616 3
(ii) a building, wall, fence, railing, or other work, for the use, 1
protection, or ornamentation of a cemetery; OR 2
(III) LANDSCAPING OR ANY OTHER PART OF THE GROUNDS OF A 3
CEMETERY . 4
(2) The provisions of paragraph (1) of this subsection do not prohibit the 5
removal of a funerary object or a building, wall, fence, railing, LANDSCAPING , or other 6
object installed for the use, protection, or ornamentation of a cemetery or burial site, OR 7
OTHER PART OF THE GR OUNDS OF THE CEMETER Y for the purpose of repair or 8
replacement, either at the request of or with the permission of heirs or descendants of the 9
deceased or the owner or manager of the cemetery or burial site. 10
(b) (1) Subject to the provisions of paragraph (2) of this subsection, a person 11
may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery. 12
(2) The provisions of paragraph (1) of this subsection do not prohibit 13
normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, 14
removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 15
(d) A person who violates this section is guilty of a misdemeanor and on conviction 16
is subject to: 17
(1) for a violation of subsection (a) of this section, imprisonment not 18
exceeding 5 years or a fine not exceeding $10,000 or both; and 19
(2) for a violation of subsection (b) or (c) of this section, imprisonment not 20
exceeding 2 years or a fine not exceeding $500 or both. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.