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.
*sb0421*
SENATE BILL 421
E2 5lr0903
CF HB 616
By: Senator McKay
Introduced and read first time: January 20, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 16, 2025
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
(2020 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Courts and Judicial Proceedings 17
Section 5–106(jj) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Criminal Law 22 2 SENATE BILL 421
Section 10–404(a) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2024 Supplement) 3
BY repealing and reenacting, without amendments, 4
Article – Criminal Law 5
Section 10–404(b) and (d) 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Courts and Judicial Proceedings 11
5–106. 12
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 13
8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 14
instituted within 1 year after the offense was committed. 15
(JJ) A PROSECUTION FOR A VI OLATION OF § 10–404(A) OR (B) OF THE 16
CRIMINAL LAW ARTICLE RELATING TO T HE DESTRUCTION OF FU NERARY OBJECTS 17
AND OTHER ELEMENTS O F A CEMETERY SHALL BE INSTIT UTED WITHIN 3 YEARS 18
AFTER THE LOCAL AUTHORITIE S IN FACT KNEW OR RE ASONABLY SHOULD HAVE 19
KNOWN OF THE VIOLATI ON. 20
Article – Criminal Law 21
10–404. 22
(a) (1) Subject to the provisions of paragraph (2) of this subsection, a person 23
may not willfully destroy, damage, deface, or remove: 24
(i) an associated funerary object or another structure placed in a 25
cemetery; [or] 26
(ii) a building, wall, fence, railing, or other work, for the use, 27
protection, or ornamentation of a cemetery; OR 28
(III) LANDSCAPING OR ANY OTHER PART OF THE GROUNDS OF A 29
CEMETERY . 30
(2) The provisions of paragraph (1) of this subsection do not prohibit the 31
removal of a funerary object or a building, wall, fence, railing, LANDSCAPING , or other 32
object installed for the use, protection, or ornamentation of a cemetery or burial site, OR 33 SENATE BILL 421 3
OTHER PART OF THE GR OUNDS OF THE CEMETER Y for the purpose of repair or 1
replacement, either at the request of or with the permission of heirs or descendants of the 2
deceased or the owner or manager of the cemetery or burial site. 3
(b) (1) Subject to the provisions of paragraph (2) of this subsection, a person 4
may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery. 5
(2) The provisions of paragraph (1) of this subsection do not prohibit 6
normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, 7
removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 8
(d) A person who violates this section is guilty of a misdemeanor and on conviction 9
is subject to: 10
(1) for a violation of subsection (a) of this section, imprisonment not 11
exceeding 5 years or a fine not exceeding $10,000 or both; and 12
(2) for a violation of subsection (b) or (c) of this section, imprisonment not 13
exceeding 2 years or a fine not exceeding $500 or both. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2025. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.