Maryland 2025 Regular Session

Maryland House Bill HB951 Compare Versions

Only one version of the bill is available at this time.

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	hb0951
6	6
7	7	HOUSE BILL 951
8	8	F1, E2 5lr0874
9	9
10	10	By: Delegates Griffith, Buckel, Pippy, and Reilly
11	11	Introduced and read first time: January 31, 2025
12	12	Assigned to: Ways and Means and Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	School Systems – Reportable Offenses – Alterations 2
19	19
20	20	FOR the purpose of including institutions and programs of higher education in which a 3
21	21	student is enrolled as part of a dual enrollment program in the definition of “school 4
22	22	system”; adding certain offenses to the list of offenses a law enforcement agency must 5
23	23	report to certain school personnel under certain circumstances; requiring law 6
24	24	enforcement agencies to notify the State’s Attorney if a student is a suspect in an 7
25	25	investigation of certain offenses and if the student no longer is a suspect; authorizing 8
26	26	the State’s Attorney to notify the local superintendent or the superintendent’s 9
27	27	designee if the student is a suspect in an investigation of certain offenses; requiring 10
28	28	the State’s Attorney to notify the local superintendent or the superintendent’s 11
29	29	designee if a student is no longer a suspect in certain investigations; expanding a 12
30	30	certain reporting requirement to include instances when a student is identified as a 13
31	31	suspect for certain offenses; authorizing State’s Attorneys to make a certain 14
32	32	notification if a student is arrested for certain offenses; and generally relating to 15
33	33	reportable offenses in school systems. 16
34	34
35	35	BY repealing and reenacting, with amendments, 17
36	36	Article – Education 18
37	37	Section 7–303 19
38	38	Annotated Code of Maryland 20
39	39	(2022 Replacement Volume and 2024 Supplement) 21
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
42	42	That the Laws of Maryland read as follows: 23
43	43
44	44	Article – Education 24
45	45
46	46	7–303. 25
47	47
48	48	(a) (1) In this section the following words have the meanings indicated. 26 2 HOUSE BILL 951
49	49
50	50
51	51
52	52	(2) “Criminal organization” has the meaning stated in § 9–801 of the 1
53	53	Criminal Law Article. 2
54	54
55	55	(3) “Law enforcement agency” means the law enforcement agencies listed 3
56	56	in § 1–101(c) of the Public Safety Article. 4
57	57
58	58	[(4) “Local school system” means the schools and school programs under the 5
59	59	supervision of the local superintendent.] 6
60	60
61	61	[(5)] (4) “Local superintendent” means: 7
62	62
63	63	(i) The county superintendent, for the county in which a student is 8
64	64	enrolled, or a designee of the superintendent, who is an administrator; or 9
65	65
66	66	(ii) The superintendent of schools for the: 10
67	67
68	68	1. Archdiocese of Baltimore; 11
69	69
70	70	2. Archdiocese of Washington; and 12
71	71
72	72	3. Catholic Diocese of Wilmington. 13
73	73
74	74	[(6)] (5) “Reportable offense” means an offense that: 14
75	75
76	76	(i) Occurred off school premises; 15
77	77
78	78	(ii) Did not occur at an event sponsored by the school; and 16
79	79
80	80	(iii) Involved any of the following: 17
81	81
82	82	1. A crime of violence, as defined in § 14–101 of the Criminal 18
83	83	Law Article; 19
84	84
85	85	2. Any of the offenses enumerated in § 3–8A–03(e)(4) of the 20
86	86	Courts Article; 21
87	87
88	88	3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 22
89	89	Criminal Law Article; 23
90	90
91	91	4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 24
92	92	§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 25
93	93	or § 5–628 of the Criminal Law Article; 26
94	94
95	95	5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 27
96	96	Law Article; 28
97	97	HOUSE BILL 951 3
98	98
99	99
100	100	6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 1
101	101	Criminal Law Article; 2
102	102
103	103	7. A violation of § 9–802 or § 9–803 of the Criminal Law 3
104	104	Article; 4
105	105
106	106	8. A violation of § 3–203 of the Criminal Law Article; 5
107	107
108	108	9. A violation of § 6–301 of the Criminal Law Article; 6
109	109
110	110	10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 7
111	111	Law Article; 8
112	112
113	113	11. A violation of § 7–105 of the Criminal Law Article; 9
114	114
115	115	12. A violation of § 6–202 of the Criminal Law Article; [or] 10
116	116
117	117	13. A violation of § 10–606 of the Criminal Law Article; 11
118	118
119	119	14. A VIOLATION OF § 3–308 OF THE CRIMINAL LAW 12
120	120	ARTICLE; 13
121	121
122	122	15. A VIOLATION OF § 11–207 OF THE CRIMINAL LAW 14
123	123	ARTICLE, IF THE VICTIM DOES N OT HAVE KNOWLEDGE OF OR DOES NOT CONSENT 15
124	124	TO THE PRODUCTION OR THE DISTRIBUTION OF THE CHILD PORNOGRAPH Y; 16
125	125
126	126	16. A VIOLATION OF § 3–902 OF THE CRIMINAL LAW 17
127	127	ARTICLE; 18
128	128
129	129	17. A VIOLATION OF § 3–1001 OF THE CRIMINAL LAW 19
130	130	ARTICLE; 20
131	131
132	132	18. A VIOLATION OF § 3–802 OF THE CRIMINAL LAW 21
133	133	ARTICLE; 22
134	134
135	135	19. A VIOLATION OF § 3–809 OF THE CRIMINAL LAW 23
136	136	ARTICLE; OR 24
137	137
138	138	20. ANY OTHER ACT THAT IF COMMITTED BY AN ADUL T 25
139	139	WOULD BE A FELONY. 26
140	140
141	141	[(7)] (6) “School principal” means the principal of the public or nonpublic 27
142	142	school in which a student is enrolled, or a designee of the principal, who is an administrator. 28
143	143	4 HOUSE BILL 951
144	144
145	145
146	146	[(8)] (7) (i) “School security officer” includes a school principal, 1
147	147	another school administrator, a law enforcement officer, or other individual employed by a 2
148	148	[local] school system or a local government who is designated by the county superintendent 3
149	149	or a school principal to help maintain the security and safety of a school. 4
150	150
151	151	(ii) “School security officer” does not include a teacher. 5
152	152
153	153	(8) “SCHOOL SYSTEM ” MEANS: 6
154	154
155	155	(I) THE SCHOOLS AND SCHOO L PROGRAMS UNDER THE 7
156	156	SUPERVISION OF THE L OCAL SUPERINTENDENT ; AND 8
157	157
158	158	(II) THE INSTITUTION OF HI GHER EDUCATION OR HI GHER 9
159	159	EDUCATION PROGRAM IN WHICH A STUDENT IS E NROLLED AS PART OF A DUAL 10
160	160	ENROLLMENT PROGRAM . 11
161	161
162	162	(9) “Student” means an individual enrolled in a public school system or 12
163	163	nonpublic school in the State who is 5 years of age or older and under 22 years of age. 13
164	164
165	165	(b) (1) IF A STUDENT IS THE S USPECT IN AN INVESTIGATION OF AN ACT 14
166	166	THAT IF COMMITTED BY AN ADULT WOULD BE A FELONY OR CRIME OF VIOLENCE, 15
167	167	THE LAW ENFORCEMENT AGENCY CONDUCTING TH E INVESTIGATION SHALL NOTIFY 16
168	168	THE STATE’S ATTORNEY OF THE INVES TIGATION WITHIN 24 HOURS OF THE 17
169	169	IDENTIFICATION OF THE STUDENT AS A SUSPECT OR AS SOON AS PRACTI CABLE. 18
170	170
171	171	(2) ON NOTIFICATION UNDER P ARAGRAPH (1) OF THIS SUBSECTION , 19
172	172	THE STATE’S ATTORNEY MAY NOTIFY T HE LOCAL SUPERINTENDENT OR THE 20
173	173	SUPERINTENDENT ’S DESIGNEE WITHIN 24 HOURS OF THE NOTIFIC ATION OR AS 21
174	174	SOON AS PRACTICABLE . 22
175	175
176	176	(3) IF NOTIFICATION HAS B EEN MADE UNDER PARAGRAPH (1) OF 23
177	177	THIS SUBSECTION AND THE LAW ENFORCEMENT AGEN CY DETERMINES THAT T HE 24
178	178	STUDENT IS NO LONGER A SUSPECT IN THE INV ESTIGATION, WITHIN 24 HOURS OF 25
179	179	MAKING THE DETERMINA TION, THE LAW ENFORCEMENT AGENCY SHALL NOTIFY 26
180	180	THE STATE’S ATTORNEY THAT THE STUDENT IS NO LONGER A SUSPECT . 27
181	181
182	182	(4) IF THE STATE’S ATTORNEY IS NOTIFIED UNDER PA RAGRAPH (3) 28
183	183	OF THIS SUBSECTION AND HAD PREVIOUSLY N OTIFIED THE LOCAL 29
184	184	SUPERINTENDENT OR SU PERINTENDENT ’S DESIGNEE UNDER PAR AGRAPH (2) OF 30
185	185	THIS SUBSECTION , THE STATE’S ATTORNEY SHALL NOTIFY THE LOC AL 31
186	186	SUPERINTENDENT OR TH E SUPERINTENDENT ’S DESIGNEE THAT THE STUDENT IS NO 32
187	187	LONGER A SUSPECT WITHIN 24 HOURS OF RECEIVING T HE NOTIFICATION OR A S 33
188	188	SOON AS PRACTICABLE . 34
189	189	HOUSE BILL 951 5
190	190
191	191
192	192	(C) (1) If a student is arrested for a reportable offense or an offense that is 1
193	193	related to the student’s membership in a criminal organization, the law enforcement agency 2
194	194	making the arrest: 3
195	195
196	196	[(1)] (I) Shall notify the following individuals of the arrest and the 4
197	197	charges within 24 hours of the arrest or as soon as practicable: 5
198	198
199	199	[(i)] 1. The local superintendent; 6
200	200
201	201	[(ii)] 2. The school principal; and 7
202	202
203	203	[(iii)] 3. For a school that has a school security officer, the school 8
204	204	security officer; and 9
205	205
206	206	[(2)] (II) May notify the State’s Attorney of the arrest and charges. 10
207	207
208	208	(2) IF THE STATE’S ATTORNEY DETERMINES T HAT NOTIFICATION 11
209	209	WAS NOT MADE BY A LA W ENFORCEMENT AGENCY U NDER PARAGRAPH (1) OF THIS 12
210	210	SUBSECTION, THE STATE’S ATTORNEY MAY PROVIDE THE NOTIFICATION . 13
211	211
212	212	[(c)] (D) The State’s Attorney shall promptly notify either the local 14
213	213	superintendent or the school principal of the disposition of the reportable offense required 15
214	214	to be reported under subsection [(b)] (C) of this section. 16
215	215
216	216	[(d)] (E) Except by order of a juvenile court or other court upon good cause 17
217	217	shown, the information obtained by an individual pursuant to subsections (b) [and], (c), 18
218	218	AND (D) of this section: 19
219	219
220	220	(1) Is confidential and may not be redisclosed by subpoena or otherwise 20
221	221	except as provided pursuant to subsections [(e) and] (f) AND (G) of this section; and 21
222	222
223	223	(2) May not be made part of the student’s permanent educational record. 22
224	224
225	225	[(e)] (F) (1) Notwithstanding the provisions of subsection [(d)] (E) of this 23
226	226	section, nothing shall prohibit a local superintendent or school principal from transmitting 24
227	227	the information obtained pursuant to subsections (b) [and], (c), AND (D) of this section as 25
228	228	a confidential file to the local superintendent of another public school system in the State 26
229	229	or another nonpublic school in the State in which the student has enrolled or been 27
230	230	transferred in order to carry out the purposes of this section if the disposition of the 28
231	231	reportable offense was a conviction or an adjudication of delinquency or the criminal charge 29
232	232	or delinquency petition is still pending. 30
233	233
234	234	(2) A local superintendent or school principal who transmits information 31
235	235	about a student under this subsection shall include in the transmittal information 32
236	236	regarding any educational programming and related services provided to the student. 33 6 HOUSE BILL 951
237	237
238	238
239	239
240	240	[(f)] (G) The State Board shall adopt regulations to ensure that information 1
241	241	obtained by a local superintendent, a school principal, or a school security officer under 2
242	242	subsections (b), (c), (D), and [(e)] (F) of this section is: 3
243	243
244	244	(1) Used to provide appropriate educational programming and related 4
245	245	services to the student and to maintain a safe and secure school environment for students 5
246	246	and school personnel; 6
247	247
248	248	(2) Transmitted only to school personnel of the school in which the student 7
249	249	is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; 8
250	250	and 9
251	251
252	252	(3) Destroyed when the student graduates or otherwise permanently 10
253	253	leaves school or turns 22 years old, whichever occurs first. 11
254	254
255	255	[(g)] (H) (1) Except as otherwise provided in paragraph (2) of this subsection, 12
256	256	the local superintendent and the school principal shall consider prohibiting a student who 13
257	257	is arrested for a reportable offense involving rape or a sexual offense from attending the 14
258	258	same school or riding on the same school bus as the alleged victim of the reportable offense 15
259	259	if such action is necessary or appropriate to protect the physical or psychological well–being 16
260	260	of the alleged victim. 17
261	261
262	262	(2) If a student is arrested for a reportable offense involving rape or a 18
263	263	sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, 19
264	264	the student may not attend the same school or ride on the same school bus as the victim. 20
265	265
266	266	[(h)] (I) Nothing in this section is intended to limit the manner in which a local 21
267	267	school obtains information or uses information obtained by any lawful means other than 22
268	268	that set forth in subsections (b), (c), (D), and [(e)] (F) of this section. 23
269	269
270	270	[(i)] (J) Each public school that enrolls students in grades six through twelve in 24
271	271	the State shall designate at least one school security officer. 25
272	272
273	273	[(j)] (K) (1) On or before December 30 each year, the Department, in 26
274	274	accordance with State and federal privacy laws, shall submit to the Governor and, in 27
275	275	accordance with § 2–1257 of the State Government Article, the General Assembly a report 28
276	276	that includes the following information about each reportable offense for which a local 29
277	277	school received information under [subsection] SUBSECTIONS (b) AND (C) of this section 30
278	278	in the preceding school year: 31
279	279
280	280	(i) The nature of the reportable offense; 32
281	281
282	282	(ii) Verification that the offense occurred off school premises; 33
283	283	HOUSE BILL 951 7
284	284
285	285
286	286	(iii) Action taken by the local school and county board after being 1
287	287	notified of the reportable offense OR THE IDENTIFICATION OF A STUDENT AS A 2
288	288	SUSPECT; 3
289	289
290	290	(iv) The race, ethnicity, gender, and disability status of the student 4
291	291	arrested for the reportable offense OR IDENTIFIED AS A S USPECT; 5
292	292
293	293	(v) The grade of the student arrested for the reportable offense OR 6
294	294	IDENTIFIED AS A SUSP ECT; 7
295	295
296	296	(vi) The regular school program OR APPLICABLE DUAL 8
297	297	ENROLLMENT PROGRAM of the student arrested for the reportable offense OR 9
298	298	IDENTIFIED AS A SUSP ECT; 10
299	299
300	300	(vii) Whether the student’s regular school program OR APPLICABLE 11
301	301	DUAL ENROLLMENT PROG RAM was altered as a result of the reportable offense OR 12
302	302	IDENTIFICATION OF THE STUDENT AS A SUSPECT; 13
303	303
304	304	(viii) If the student was removed from the student’s regular school 14
305	305	program OR APPLICABLE DUAL E NROLLMENT PROGRAM as a result of the reportable 15
306	306	offense OR THE IDENTIFICATIO N OF THE STUDENT AS A SUSPECT: 16
307	307
308	308	1. The amount of time during which the student was 17
309	309	removed; and 18
310	310
311	311	2. The student’s placement and educational programming 19
312	312	during the period of removal; and 20
313	313
314	314	(ix) If removed from the student’s regular school program OR 21
315	315	APPLICABLE DUAL ENRO LLMENT PROGRAM , the student’s academic performance 22
316	316	during the time period the student was removed, including attendance, grades, and 23
317	317	standardized test scores, and any additional disciplinary actions. 24
318	318
319	319	(2) Each county board and public school shall provide the Department with 25
320	320	any information necessary to issue its report in accordance with this section. 26
321	321
322	322	[(k)] (L) If a student is removed or excluded from the student’s regular school 27
323	323	program OR APPLICABLE DUAL E NROLLMENT PROGRAM for a reportable offense OR 28
324	324	IDENTIFICATION AS A SUSPECT, the principal or county superintendent shall invite the 29
325	325	student’s attorney, if the student has an attorney, to participate in the conference between 30
326	326	the student or the student’s parent or guardian and the principal or county superintendent, 31
327	327	and the manifestation determination review, if applicable. 32
328	328
329	329	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33
330	330	1, 2025. 34