1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0627* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 627 |
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8 | 8 | | F1, F2, F5 5lr1568 |
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9 | 9 | | HB 615/24 – W&M CF 5lr1569 |
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10 | 10 | | By: Delegates Ruth, Ebersole, Fair, Forbes, Guyton, Harris, Lehman, McCaskill, |
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11 | 11 | | Palakovich Carr, Pasteur, and Terrasa |
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12 | 12 | | Introduced and read first time: January 23, 2025 |
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13 | 13 | | Assigned to: Ways and Means and Appropriations |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Education – Prohibited Behavior on School Grounds and Property – Application 2 |
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20 | 20 | | |
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21 | 21 | | FOR the purpose of specifying that provisions of law prohibiting and penalizing certain 3 |
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22 | 22 | | disruptive and threatening behavior on certain school grounds and property do not 4 |
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23 | 23 | | apply to students who commit offenses at the institution they attend or students who 5 |
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24 | 24 | | commit offenses at another institution while participating in or attending a sporting 6 |
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25 | 25 | | event or other extracurricular program sponsored at that institution; and generally 7 |
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26 | 26 | | relating to the application of provisions of law that prohibit and penalize disruptive 8 |
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27 | 27 | | and threatening behavior on school grounds and property. 9 |
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28 | 28 | | |
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29 | 29 | | BY repealing and reenacting, with amendments, 10 |
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30 | 30 | | Article – Education 11 |
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31 | 31 | | Section 26–101 12 |
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32 | 32 | | Annotated Code of Maryland 13 |
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33 | 33 | | (2022 Replacement Volume and 2024 Supplement) 14 |
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34 | 34 | | |
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35 | 35 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 |
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36 | 36 | | That the Laws of Maryland read as follows: 16 |
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37 | 37 | | |
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38 | 38 | | Article – Education 17 |
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39 | 39 | | |
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40 | 40 | | 26–101. 18 |
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41 | 41 | | |
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42 | 42 | | (a) THE PROHIBITIONS AND PENALTIES IN THIS SE CTION DO NOT APPLY T O 19 |
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43 | 43 | | A PERSON WHO IS : 20 |
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44 | 44 | | |
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45 | 45 | | (1) A STUDENT CURRENTLY AT TENDING THE INSTITUT ION OF 21 |
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46 | 46 | | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHERE THE OFFENSE OC CURS; 22 |
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47 | 47 | | OR 23 2 HOUSE BILL 627 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | (2) A STUDENT CURRENTLY AT TENDING ANOTHER INST ITUTION OF 1 |
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52 | 52 | | ELEMENTARY , SECONDARY , OR HIGHER EDUCATION WHO IS PARTICIPATING IN OR 2 |
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53 | 53 | | ATTENDING A SPORTING EVENT OR OTHER EXTRA CURRICULAR P ROGRAM 3 |
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54 | 54 | | SPONSORED BY THE INS TITUTION WHERE THE O FFENSE OCCURS . 4 |
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55 | 55 | | |
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56 | 56 | | (B) A person may not willfully disturb or otherwise willfully prevent the orderly 5 |
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57 | 57 | | conduct of the activities, administration, or classes of any institution of elementary, 6 |
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58 | 58 | | secondary, or higher education. 7 |
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59 | 59 | | |
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60 | 60 | | [(b)] (C) A person may not molest or threaten with bodily harm any student, 8 |
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61 | 61 | | employee, administrator, agent, or any other individual who is lawfully: 9 |
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62 | 62 | | |
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63 | 63 | | (1) On the grounds or in the immediate vicinity of any institution of 10 |
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64 | 64 | | elementary, secondary, or higher education; 11 |
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65 | 65 | | |
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66 | 66 | | (2) On a school vehicle; 12 |
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67 | 67 | | |
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68 | 68 | | (3) At an activity sponsored by a school that is held off school property; or 13 |
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69 | 69 | | |
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70 | 70 | | (4) On property that is owned by a county board and is used for 14 |
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71 | 71 | | administrative or other purposes. 15 |
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72 | 72 | | |
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73 | 73 | | [(c)] (D) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 16 |
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74 | 74 | | person may not threaten with bodily harm any employee of any institution of elementary, 17 |
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75 | 75 | | secondary, or higher education at home by any means, including in person, by telephone, 18 |
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76 | 76 | | or by electronic mail. [This] 19 |
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77 | 77 | | |
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78 | 78 | | (2) THE prohibition IN PARAGRAPH (1) OF THIS SUBSECTION applies 20 |
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79 | 79 | | only to threats arising out of the scope of the employee’s employment. 21 |
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80 | 80 | | |
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81 | 81 | | [(d)] (E) In addition to the penalties provided in this section or in § 6–409 of the 22 |
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82 | 82 | | Criminal Law Article, on application by the governing board of any institution of 23 |
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83 | 83 | | elementary, secondary, or higher education, the circuit court of the county in which the 24 |
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84 | 84 | | institution is located may issue an injunction restraining any specific activities that violate 25 |
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85 | 85 | | this section. 26 |
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86 | 86 | | |
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87 | 87 | | [(e)] (F) Any person who violates any provision of this section is guilty of a 27 |
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88 | 88 | | misdemeanor and on conviction is subject to a fine not exceeding $2,500, imprisonment not 28 |
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89 | 89 | | exceeding 6 months, or both. 29 |
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90 | 90 | | |
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91 | 91 | | [(f)] (G) (1) On or before December 1, 2022, and each December 1 thereafter, 30 |
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92 | 92 | | each county board of education, including the Baltimore City Board of School 31 |
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93 | 93 | | Commissioners, shall report to the Department on the number of school disruptions in the 32 |
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94 | 94 | | county in violation of this section for the immediately preceding school year. 33 |
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95 | 95 | | HOUSE BILL 627 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | (2) A county board shall report the information required under paragraph 1 |
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99 | 99 | | (1) of this subsection in the following manner: 2 |
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100 | 100 | | |
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101 | 101 | | (i) The disruptions shall be sorted into the following categories: 3 |
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102 | 102 | | |
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103 | 103 | | 1. Attendance; 4 |
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104 | 104 | | |
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105 | 105 | | 2. Arson, fire, or explosives; 5 |
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106 | 106 | | |
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107 | 107 | | 3. Dangerous substances; 6 |
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108 | 108 | | |
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109 | 109 | | 4. Sex offenses; and 7 |
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110 | 110 | | |
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111 | 111 | | 5. Attack with a weapon, threats, or fighting; and 8 |
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112 | 112 | | |
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113 | 113 | | (ii) Each incident of disruption shall be disaggregated by: 9 |
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114 | 114 | | |
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115 | 115 | | 1. The race, ethnicity, disability status, and gender of the 10 |
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116 | 116 | | individual; 11 |
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117 | 117 | | |
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118 | 118 | | 2. The actions taken against an individual by the local school 12 |
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119 | 119 | | or county board resulting from a violation, including suspensions of fewer than 10 days, 13 |
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120 | 120 | | suspensions of 10 days or more, and expulsions; and 14 |
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121 | 121 | | |
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122 | 122 | | 3. Referrals for prosecution. 15 |
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123 | 123 | | |
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124 | 124 | | (3) On or before February 1, 2023, and each February 1 thereafter, the 16 |
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125 | 125 | | Department shall submit to the Maryland Center for School Safety and, in accordance with 17 |
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126 | 126 | | § 2–1257 of the State Government Article, the General Assembly a report on incidents of 18 |
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127 | 127 | | school disruptions in public schools in the State from a compilation of the reports submitted 19 |
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128 | 128 | | to the Department under paragraph (1) of this subsection and disaggregated in the manner 20 |
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129 | 129 | | required under paragraph (2) of this subsection. 21 |
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130 | 130 | | |
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131 | 131 | | (4) Each county board shall include information on school disruptions from 22 |
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132 | 132 | | the 2018–2019 and 2019–2020 school years in its report to the Department for the report 23 |
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133 | 133 | | due on December 1, 2022. 24 |
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134 | 134 | | |
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135 | 135 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25 |
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136 | 136 | | 1, 2025. 26 |
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137 | 137 | | |
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