Maryland 2025 Regular Session

Maryland Senate Bill SB151 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	sb0151
6	6
7	7	SENATE BILL 151
8	8	F2 5lr1590
9	9	SB 61/24 – EEE (PRE–FILED)
10	10	By: Senator A. Washington
11	11	Requested: October 31, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Education, Energy, and the Environment
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Higher Education – Disciplinary Records – Use in Admissions and Disciplinary 2
20	20	Proceedings 3
21	21
22	22	FOR the purpose of prohibiting an institution of higher education from using an admissions 4
23	23	application that contains questions about an applicant’s disciplinary record, subject 5
24	24	to certain exceptions; authorizing an institution of higher education to make 6
25	25	inquiries into and consider information about a student’s disciplinary record for 7
26	26	discipline related to academic dishonesty; and generally relating to the consideration 8
27	27	of disciplinary records in higher education. 9
28	28
29	29	BY repealing and reenacting, with amendments, 10
30	30	Article – Education 11
31	31	Section 26–501, 26–503, and 26–504 to be under the amended subtitle “Subtitle 5. 12
32	32	Consideration of Criminal History or Disciplinary Record in the Admissions 13
33	33	Process” 14
34	34	Annotated Code of Maryland 15
35	35	(2022 Replacement Volume and 2024 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – Education 19
41	41
42	42	Subtitle 5. Consideration of Criminal History OR DISCIPLINARY RECORD in the 20
43	43	Admissions Process. 21
44	44
45	45	26–501. 22
46	46
47	47	(a) In this subtitle the following words have the meanings indicated. 23 2 SENATE BILL 151
48	48
49	49
50	50
51	51	(b) “Admissions application” means an individual application to enroll as an 1
52	52	undergraduate student at an institution of higher education. 2
53	53
54	54	(c) “Criminal history” means an arrest or a criminal conviction. 3
55	55
56	56	(D) “DISCIPLINARY RECORD ” MEANS ANY INFORMATIO N RELATING TO THE 4
57	57	DISCIPLINE OF A STUD ENT FROM A PUBLIC OR PRIVATE PRIMARY OR S ECONDARY 5
58	58	SCHOOL IN ANY STATE . 6
59	59
60	60	(E) “INSTITUTION OF HIGHER EDUCATION” HAS THE MEANING STAT ED IN § 7
61	61	10–101 OF THIS ARTICLE. 8
62	62
63	63	[(d)] (F) “Third–party admissions application” means an admissions application 9
64	64	not controlled by the institution. 10
65	65
66	66	26–503. 11
67	67
68	68	(a) Except as provided in subsection (b) of this section, an institution of higher 12
69	69	education may not use an admissions application that contains questions about the 13
70	70	criminal history OR DISCIPLINARY RECO RD of the applicant. 14
71	71
72	72	(b) An institution of higher education may use a third–party admissions 15
73	73	application that contains questions about the criminal history OR DISCIPLINARY RECO RD 16
74	74	of the applicant if the institution: 17
75	75
76	76	(1) Does not use the third–party admissions application to disqualify an 18
77	77	applicant based on the applicant’s criminal history OR DISCIPLINARY RECO RD; and 19
78	78
79	79	(2) Posts a notice on its website stating that a criminal history OR 20
80	80	DISCIPLINARY RECORD does not disqualify an applicant from admission. 21
81	81
82	82	26–504. 22
83	83
84	84	(a) Subject to § 26–505 of this subtitle, an institution of higher education may 23
85	85	make inquiries into and consider information about a student’s criminal history for the 24
86	86	purpose of: 25
87	87
88	88	(1) Making decisions regarding access to campus residency; or 26
89	89
90	90	(2) Offering supportive counseling or services to help rehabilitate and 27
91	91	educate the student on barriers a criminal record may present. 28
92	92
93	93	(b) (1) Subject to paragraph (2) of this subsection, in making inquiries or 29
94	94	considering information under this section, an institution of higher education may not 30 SENATE BILL 151 3
95	95
96	96
97	97	automatically or unreasonably restrict a student’s access to campus residency based on that 1
98	98	student’s criminal history. 2
99	99
100	100	(2) An institution of higher education may develop a process for 3
101	101	determining or restricting access to campus residency for a student who has been convicted 4
102	102	of: 5
103	103
104	104	(i) A sexual crime under Title 3, Subtitle 3 of the Criminal Law 6
105	105	Article; 7
106	106
107	107	(ii) A crime of violence under Title 14 of the Criminal Law Article; or 8
108	108
109	109	(iii) A substantially similar crime in another state. 9
110	110
111	111	(C) AN INSTITUTION OF HIG HER EDUCATION MAY MA KE INQUIRIES INTO 10
112	112	AND CONSIDER INFORMA TION ABOUT A STUDENT ’S DISCIPLINARY RECOR D FOR 11
113	113	DISCIPLINE RELATED T O ACADEMIC DISHONEST Y. 12
114	114
115	115	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
116	116	1, 2025. 14
117	117