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.
*sb0491*
SENATE BILL 491
P3 5lr2030
CF HB 699
By: Senators Gile, Brooks, Carozza, King, Kramer, Salling, and Waldstreicher
Waldstreicher, Attar, Augustine, Hester, Kagan, and M. Washington
Introduced and read first time: January 22, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
General Provisions – Veterans Benefits – Honorable Discharge 2
FOR the purpose of defining “honorable discharge” with respect to any State program of 3
benefits, rights, or privileges applicable to a veteran to include certain discharges; 4
and generally relating to veteran discharges. 5
BY repealing and reenacting, with amendments, 6
Article – General Provisions 7
Section 1–109.1 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – General Provisions 13
1–109.1. 14
(a) With respect to any State program of benefits, rights, or privileges applicable 15
to a veteran under this Code, “honorable discharge” includes discharge that is less than 16
honorable: 17
2 SENATE BILL 491
(1) solely due to the sexual orientation or gender identity of the individual 1
being discharged; [or] 2
(2) based on a statement or consensual act of the individual being 3
discharged related to the individual’s sexual orientation or gender identity, if the statement 4
or consensual act was prohibited by the military or naval service at the time of discharge; 5
OR 6
(3) BASED ON AN INCIDENT OR INCIDENTS RELATIN G TO: 7
(I) A DIAGNOSIS OF POST –TRAUMATIC STRESS D ISORDER OR 8
TRAUMATIC BRAIN INJU RY MADE BY AN INDIVI DUAL LICENSED TO PRO VIDE HEALTH 9
CARE SERVICES AT A U.S. DEPARTMENT OF VETERANS AFFAIRS FACILITY; OR 10
(II) AN EXPERIENCE OF SEX UAL TRAUMA , AS DESCRIBED IN 38 11
U.S.C. § 1720, DISCLOSED TO AN INDI VIDUAL LICENSED TO PROVIDE HEA LTH CARE 12
SERVICES AT A U.S. DEPARTMENT OF VETERANS AFFAIRS FACILITY. 13
(3) IF THE DEPARTMENT OF VETERANS AND MILITARY FAMILIES 14
DETERMINES AN INDIVI DUAL IS ELIGIBLE FOR STATE BENEFITS BASED ON THE 15
CRITERIA ESTABLISHED IN 38 C.F.R. § 3.12. 16
(b) A veteran shall submit to the Secretary of Veterans and Military Families 17
documentation that provides the basis for the veteran’s discharge. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.