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.
*sb0858*
SENATE BILL 858
R2 5lr3386
By: Senator Henson
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings
Re–referred to: Finance, March 8, 2025
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 16, 2025
CHAPTER ______
AN ACT concerning 1
State Public Transit Service and Stations – Exclusion for Assault and Bodily 2
Injury 3
FOR the purpose of providing that a certain person alleged to have committed an assault 4
or other intentional act causing bodily injury may not board be prohibited from using 5
a State public transit service or enter entering a State public transit service station 6
for a certain period of time and under certain circumstances; requiring the Maryland 7
Transit Administration to create a rider code of conduct and implement a 8
comprehensive internal safety program to strengthen protections for operators and 9
passengers; and generally relating to excluding individuals persons who commit 10
assault or acts resulting in bodily injury from State public transit services and 11
stations. 12
BY adding to 13
Article – Transportation 14
Section 7–705.1 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Transportation 20
2 SENATE BILL 858
7–705.1. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) (I) “PUBLIC TRANSIT OPERAT OR” HAS THE MEANING STAT ED 4
IN §7–714 OF THIS SUBTITLE. 5
(II) “PUBLIC TRANSIT OPERAT OR” INCLUDES A PERSON 6
ENGAGED IN OFFICIAL DUTIES AS A STATION AGENT, CONDUCTOR , OR STATION 7
ATTENDANT WHO IS EMP LOYED BY: 8
1. AN ENTITY THAT PROVID ES TRANSIT SERVICE U NDER 9
CONTRACT WITH THE ADMINISTRATION ; 10
2. A PRIVATE ENTITY THAT PROVIDES PUBLIC TRAN SIT 11
SERVICE; AND 12
3. AN ENTITY THAT PROVID ES TRANSIT SERVICE U NDER 13
A TRANSPORTATION COM PACT UNDER TITLE 10 OF THIS ARTICLE. 14
(3) “STATE PUBLIC TRANSIT SERVICE” MEANS ANY OF THE 15
FOLLOWING, IF OPERATED BY THE ADMINISTRATION OR ANO THER STATE AGENCY: 16
(I) BUS SERVICE; 17
(II) TRAIN SERVICE; 18
(III) LIGHT RAIL SERVICE ; AND 19
(IV) SUBWAY SERVICE . 20
(4) “STATE PUBLIC TRANSIT SERVICE STAT ION” MEANS A STOP OR 21
STATION FOR STATE PUBLIC TRANSIT SERVICE. 22
(B) (1) A SUBJECT TO SUBSECTION (C) OF THIS SECTION, A PERSON WHO 23
IS ALLEGED BY A PUBL IC TRANSIT OPERATOR TO HAVE COMMITTED AN ASSAULT OR 24
OTHER INTENTIONAL AC T CAUSING B ODILY INJURY TO A PU BLIC TRANSIT 25
OPERATOR OR A PASSEN GER WHILE THE PERSON IS ON BOARD A STATE PUBLIC 26
TRANSIT SERVICE OR A T A STATE PUBLIC TRANSIT SERVICE STATION MAY NOT 27
BOARD BE PROHIBITED FROM U SING A STATE PUBLIC TRANSIT SERVICE OR ENTER 28
ENTERING A STATE PUBLIC TRANSIT SERVICE STATION FOR: STATION, UNDER 29
GUIDELINES AND SUBJE CT TO AN APPEALS PRO CESS ESTABLISHED BY THE 30
ADMINISTRATION . 31 SENATE BILL 858 3
(2) THIS SECTION DOES NOT INCREASE THE DUTY OF CARE FOR THE 1
ADMINISTRATION OR ANO THER STATE AGENCY OR THEIR EMPLOYEE S, 2
CONTRACTORS , OR CONTRACTOR ’S EMPLOYEES FOR ANY TORT OR OTHER LIABIL ITY 3
PURPOSES IN CONNECTI ON WITH ACTIONS BY A PERSON ALLEGED TO HA VE 4
COMMITTED AN ASSAULT ON A PUBLIC TRANSIT OPERATOR OR PASSENGE R. 5
(1) AT LEAST 30 DAYS, FOR A FIRST ACT OF A SSAULT OR 6
INTENTIONAL ACT CAUS ING BODILY INJURY ; 7
(2) AT LEAST 180 DAYS, FOR A SECOND ACT OF ASSAULT OR 8
INTENTIONAL ACT CAUS ING BODILY INJURY ; AND 9
(3) THE REMAINDER OF THE PERSON’S LIFE: 10
(I) FOR A THIRD ACT OF AS SAULT OR INTENTIONAL ACT 11
CAUSING BODILY INJURY; OR 12
(II) FOR ANY ACT OF ASSAUL T OR INTENTIONAL ACT CAUSING 13
BODILY INJURY FOR WH ICH THE PERSON USED A WEAPON. 14
(C) THE SECRETARY OR THE SECRETARY’S DESIGNEE MAY REDUC E OR 15
INCREASE THE PERIOD OF TIME THAT A PERSO N WHO VIOLATES SUBSE CTION (B) OF 16
THIS SECTION IS PROHI BITED FROM BOARDING A STATE PUBLIC TRANSIT SERVICE 17
OR ENTERING A STATE PUBLIC TRANSIT SERVICE STATION . 18
(D) (1) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO 19
PROSECUTION FOR TRES PASSING. 20
(2) NOTHING IN THIS SECTI ON MAY BE CONSTRU ED TO LIMIT OR 21
PROHIBIT THE ENFORCE MENT OF ANY OTHER STATE LAW. 22
(E) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 23
SECTION. 24
SECTION 2. AND BE IT FURTHER ENACTED, That: 25
(a) On or before June 1, 2025, the Maryland Transit Administration, in 26
consultation with the Washington Metropolitan Area Transit Authority, the Joint Safety 27
Committee, and operator union representatives, shall convene a workgroup to create a rider 28
code of conduct and implement a comprehensive internal safety program to strengthen 29
protections for Administration operators and passengers through clear safety protocols, 30
strengthened safety policies, and improved risk mitigation measures. 31
(b) The workgroup: 32 4 SENATE BILL 858
(1) shall address consequences for violations in Administration facilities 1
that shall include ridership bans for an assault on a public transit operator or passenger as 2
soon as practicable, the possibility of legal action, and an appeals process; 3
(2) may not require a criminal conviction as a prerequisite to a ban on 4
public transit service usage; and 5
(3) shall authorize, under standards set by the workgroup, the use of public 6
transit facilities by a person accused of assault on a public transit operator or passenger, if 7
the assault was directly related to the person’s disability and the person is accompanied by 8
a direct support professional or another appropriate caregiver when using public transit 9
facilities. 10
(c) On or before October 1, 2025, the workgroup shall report its findings and 11
recommendations to the Maryland Transit Administrator and, in accordance with § 2–1257 12
of the State Government Article, the Senate Finance Committee and the House 13
Environment and Transportation Committee. 14
(d) After issuing the report under subsection (c) of this section, the workgroup 15
shall continue to assess the effectiveness of the proposed code of conduct and internal safety 16
program and recommend ongoing improvements. 17
SECTION 3. AND BE IT FURTHER ENACTED, That: 18
(1) if the Maryland Transit Administration adopts a rider code of conduct 19
and implements a comprehensive internal safety program, with no further action required 20
by the General Assembly, Section 1 of this Act shall be abrogated and of no further force 21
and effect; and 22
(2) the Maryland Transit Administration shall notify the Department of 23
Legislative Services within 5 days after adoption of the rider code of conduct and 24
implementation of a comprehensive internal safety program as described in Section 2 of 25
this Act. 26
SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October June 1, 2025. 28