| 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 | 5 | Underlining indicates amendments to bill. | |
| 6 | 6 | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | 7 | amendment. | |
| 8 | - | Italics indicate opposite chamber/conference committee amendments. | |
| 9 | 8 | *hb0616* | |
| 10 | 9 | ||
| 11 | 10 | HOUSE BILL 616 | |
| 12 | - | E2 (5lr0851) | |
| 13 | - | ENROLLED BILL | |
| 14 | - | — Judiciary/Judicial Proceedings — | |
| 15 | - | Introduced by Delegates Hutchinson, Adams, Sample –Hughes, and Schmidt | |
| 16 | - | ||
| 17 | - | Read and Examined by Proofreaders: | |
| 18 | - | ||
| 19 | - | _______________________________________________ | |
| 20 | - | Proofreader. | |
| 21 | - | _______________________________________________ | |
| 22 | - | Proofreader. | |
| 23 | - | ||
| 24 | - | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 25 | - | ||
| 26 | - | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 27 | - | ||
| 28 | - | ______________________________________________ | |
| 29 | - | Speaker. | |
| 11 | + | E2 5lr0851 | |
| 12 | + | HB 593/24 – JUD CF SB 421 | |
| 13 | + | By: Delegates Hutchinson, Adams, Sample –Hughes, and Schmidt | |
| 14 | + | Introduced and read first time: January 23, 2025 | |
| 15 | + | Assigned to: Judiciary | |
| 16 | + | Committee Report: Favorable | |
| 17 | + | House action: Adopted | |
| 18 | + | Read second time: February 22, 2025 | |
| 30 | 19 | ||
| 31 | 20 | CHAPTER ______ | |
| 32 | 21 | ||
| 33 | 22 | AN ACT concerning 1 | |
| 34 | 23 | ||
| 35 | 24 | Criminal Law – Destroying Funerary Objects and Cemetery Elements – Statute 2 | |
| 36 | 25 | of Limitations and Prohibition 3 | |
| 37 | 26 | ||
| 38 | 27 | FOR the purpose of increasing the statute of limitations for prosecutions relating to 4 | |
| 39 | 28 | destroying funerary objects and other elements of a cemetery to begin at the time 5 | |
| 40 | 29 | local authorities knew or reasonably should have known of the violation; prohibiting 6 | |
| 41 | 30 | a person from willfully destroying, damaging, defacing, or removing landscaping or 7 | |
| 42 | 31 | part of the grounds of a cemetery; and generally relating to the statute of limitations 8 | |
| 43 | 32 | for and prosecution of the crime of destroying funerary objects and other elements of 9 | |
| 44 | 33 | a cemetery. 10 | |
| 45 | 34 | ||
| 46 | 35 | BY repealing and reenacting, without amendments, 11 | |
| 47 | 36 | Article – Courts and Judicial Proceedings 12 | |
| 48 | 37 | Section 5–106(a) 13 | |
| 49 | - | Annotated Code of Maryland 14 2 HOUSE BILL 616 | |
| 38 | + | Annotated Code of Maryland 14 | |
| 39 | + | (2020 Replacement Volume and 2024 Supplement) 15 | |
| 40 | + | ||
| 41 | + | BY adding to 16 | |
| 42 | + | Article – Courts and Judicial Proceedings 17 | |
| 43 | + | Section 5–106(jj) 18 | |
| 44 | + | Annotated Code of Maryland 19 | |
| 45 | + | (2020 Replacement Volume and 2024 Supplement) 20 | |
| 46 | + | ||
| 47 | + | BY repealing and reenacting, with amendments, 21 | |
| 48 | + | Article – Criminal Law 22 2 HOUSE BILL 616 | |
| 50 | 49 | ||
| 51 | 50 | ||
| 52 | - | (2020 Replacement Volume and 2024 Supplement) 1 | |
| 51 | + | Section 10–404(a) 1 | |
| 52 | + | Annotated Code of Maryland 2 | |
| 53 | + | (2021 Replacement Volume and 2024 Supplement) 3 | |
| 53 | 54 | ||
| 54 | - | BY | |
| 55 | - | Article – | |
| 56 | - | Section | |
| 57 | - | Annotated Code of Maryland | |
| 58 | - | ( | |
| 55 | + | BY repealing and reenacting, without amendments, 4 | |
| 56 | + | Article – Criminal Law 5 | |
| 57 | + | Section 10–404(b) and (d) 6 | |
| 58 | + | Annotated Code of Maryland 7 | |
| 59 | + | (2021 Replacement Volume and 2024 Supplement) 8 | |
| 59 | 60 | ||
| 60 | - | BY repealing and reenacting, with amendments, 7 | |
| 61 | - | Article – Criminal Law 8 | |
| 62 | - | Section 10–404(a) 9 | |
| 63 | - | Annotated Code of Maryland 10 | |
| 64 | - | (2021 Replacement Volume and 2024 Supplement) 11 | |
| 61 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
| 62 | + | That the Laws of Maryland read as follows: 10 | |
| 65 | 63 | ||
| 66 | - | BY repealing and reenacting, without amendments, 12 | |
| 67 | - | Article – Criminal Law 13 | |
| 68 | - | Section 10–404(b) and (d) 14 | |
| 69 | - | Annotated Code of Maryland 15 | |
| 70 | - | (2021 Replacement Volume and 2024 Supplement) 16 | |
| 64 | + | Article – Courts and Judicial Proceedings 11 | |
| 71 | 65 | ||
| 72 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 73 | - | That the Laws of Maryland read as follows: 18 | |
| 66 | + | 5–106. 12 | |
| 74 | 67 | ||
| 75 | - | Article – Courts and Judicial Proceedings 19 | |
| 68 | + | (a) Except as provided by this section, § 1–303 of the Environment Article, and § 13 | |
| 69 | + | 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 14 | |
| 70 | + | instituted within 1 year after the offense was committed. 15 | |
| 76 | 71 | ||
| 77 | - | 5–106. 20 | |
| 72 | + | (JJ) A PROSECUTION FOR A VI OLATION OF § 10–404(A) OR (B) OF THE 16 | |
| 73 | + | CRIMINAL LAW ARTICLE RELATING TO T HE DESTRUCTION OF FU NERARY OBJECTS 17 | |
| 74 | + | AND OTHER ELEMENTS O F A CEMETERY SHALL BE IN STITUTED WITHIN 3 YEARS 18 | |
| 75 | + | AFTER THE LOCAL AUTHORITIE S IN FACT KNEW OR RE ASONABLY SHOULD HAVE 19 | |
| 76 | + | KNOWN OF THE VIOLATI ON. 20 | |
| 78 | 77 | ||
| 79 | - | (a) Except as provided by this section, § 1–303 of the Environment Article, and § 21 | |
| 80 | - | 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 22 | |
| 81 | - | instituted within 1 year after the offense was committed. 23 | |
| 78 | + | Article – Criminal Law 21 | |
| 82 | 79 | ||
| 83 | - | (JJ) A PROSECUTION FOR A VI OLATION OF § 10–404(A) OR (B) OF THE 24 | |
| 84 | - | CRIMINAL LAW ARTICLE RELATING TO T HE DESTRUCTION OF FU NERARY OBJECTS 25 | |
| 85 | - | AND OTHER ELEMENTS O F A CEMETERY SHALL BE INSTITUTED WITHIN 3 YEARS 26 | |
| 86 | - | AFTER THE LOCAL AUTHORITIE S IN FACT KNEW OR RE ASONABLY SHOULD HAVE 27 | |
| 87 | - | KNOWN OF THE VIOLATION. 28 | |
| 80 | + | 10–404. 22 | |
| 88 | 81 | ||
| 89 | - | Article – Criminal Law 29 | |
| 82 | + | (a) (1) Subject to the provisions of paragraph (2) of this subsection, a person 23 | |
| 83 | + | may not willfully destroy, damage, deface, or remove: 24 | |
| 90 | 84 | ||
| 91 | - | 10–404. 30 | |
| 85 | + | (i) an associated funerary object or another structure placed in a 25 | |
| 86 | + | cemetery; [or] 26 | |
| 92 | 87 | ||
| 93 | - | ( | |
| 94 | - | ||
| 88 | + | (ii) a building, wall, fence, railing, or other work, for the use, 27 | |
| 89 | + | protection, or ornamentation of a cemetery; OR 28 | |
| 95 | 90 | ||
| 96 | - | (i) an associated funerary object or another structure placed in a 33 | |
| 97 | - | cemetery; [or] 34 HOUSE BILL 616 3 | |
| 91 | + | (III) LANDSCAPING OR PART OF THE GROUNDS OF A CEMETERY. 29 | |
| 92 | + | ||
| 93 | + | (2) The provisions of paragraph (1) of this subsection do not prohibit the 30 | |
| 94 | + | removal of a funerary object or a building, wall, fence, railing, LANDSCAPING , or other 31 | |
| 95 | + | object installed for the use, protection, or ornamentation of a cemetery or burial site, for 32 HOUSE BILL 616 3 | |
| 98 | 96 | ||
| 99 | 97 | ||
| 98 | + | the purpose of repair or replacement, either at the request of or with the permission of heirs 1 | |
| 99 | + | or descendants of the deceased or the owner or manager of the cemetery or burial site. 2 | |
| 100 | 100 | ||
| 101 | - | ( | |
| 102 | - | ||
| 101 | + | (b) (1) Subject to the provisions of paragraph (2) of this subsection, a person 3 | |
| 102 | + | may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery. 4 | |
| 103 | 103 | ||
| 104 | - | (III) LANDSCAPING OR ANY OTHER PART OF THE GROUNDS OF A 3 | |
| 105 | - | CEMETERY . 4 | |
| 104 | + | (2) The provisions of paragraph (1) of this subsection do not prohibit 5 | |
| 105 | + | normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, 6 | |
| 106 | + | removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 7 | |
| 106 | 107 | ||
| 107 | - | (2) The provisions of paragraph (1) of this subsection do not prohibit the 5 | |
| 108 | - | removal of a funerary object or a building, wall, fence, railing, LANDSCAPING , or other 6 | |
| 109 | - | object installed for the use, protection, or ornamentation of a cemetery or burial site, OR 7 | |
| 110 | - | OTHER PART OF THE GR OUNDS OF THE CEMETER Y for the purpose of repair or 8 | |
| 111 | - | replacement, either at the request of or with the permission of heirs or descendants of the 9 | |
| 112 | - | deceased or the owner or manager of the cemetery or burial site. 10 | |
| 108 | + | (d) A person who violates this section is guilty of a misdemeanor and on conviction 8 | |
| 109 | + | is subject to: 9 | |
| 113 | 110 | ||
| 114 | - | ||
| 115 | - | ||
| 111 | + | (1) for a violation of subsection (a) of this section, imprisonment not 10 | |
| 112 | + | exceeding 5 years or a fine not exceeding $10,000 or both; and 11 | |
| 116 | 113 | ||
| 117 | - | (2) The provisions of paragraph (1) of this subsection do not prohibit 13 | |
| 118 | - | normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, 14 | |
| 119 | - | removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 15 | |
| 114 | + | (2) for a violation of subsection (b) or (c) of this section, imprisonment not 12 | |
| 115 | + | exceeding 2 years or a fine not exceeding $500 or both. 13 | |
| 120 | 116 | ||
| 121 | - | (d) A person who violates this section is guilty of a misdemeanor and on conviction 16 | |
| 122 | - | is subject to: 17 | |
| 123 | - | ||
| 124 | - | (1) for a violation of subsection (a) of this section, imprisonment not 18 | |
| 125 | - | exceeding 5 years or a fine not exceeding $10,000 or both; and 19 | |
| 126 | - | ||
| 127 | - | (2) for a violation of subsection (b) or (c) of this section, imprisonment not 20 | |
| 128 | - | exceeding 2 years or a fine not exceeding $500 or both. 21 | |
| 129 | - | ||
| 130 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 | |
| 131 | - | October 1, 2025. 23 | |
| 132 | - | ||
| 117 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 118 | + | October 1, 2025. 15 | |
| 133 | 119 | ||
| 134 | 120 | ||
| 135 | 121 | ||
| 136 | 122 | Approved: | |
| 137 | 123 | ________________________________________________________________________________ | |
| 138 | 124 | Governor. | |
| 139 | 125 | ________________________________________________________________________________ | |
| 140 | 126 | Speaker of the House of Delegates. | |
| 141 | 127 | ________________________________________________________________________________ | |
| 142 | 128 | President of the Senate. |