Text of MD HB 1452 (2025)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1452* HOUSE BILL 1452 E1, E4 5lr2862 By: Delegate Vogel Introduced and read first time: February 7, 2025 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Hate Crimes and Hate Bias – Definitions of Sexual Orientation and Hate Bias 2 Incident 3 FOR the purpose of altering the definition of “sexual orientation” applicable to certain hate 4 crime statutes; defining “hate bias incident” applicable to a certain requirement that 5 the Department of State Police collect, analyze, and report certain information 6 provided by certain law enforcement agencies; and generally relating to hate crimes 7 and hate bias incidents. 8 BY repealing and reenacting, with amendments, 9 Article – Criminal Law 10 Section 10–301 11 Annotated Code of Maryland 12 (2021 Replacement Volume and 2024 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Public Safety 15 Section 2–307 16 Annotated Code of Maryland 17 (2022 Replacement Volume and 2024 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Criminal Law 21 10–301. 22 (a) In this subtitle the following words have the meanings indicated. 23 2 HOUSE BILL 1452 (b) “Gender identity” has the meaning stated in § 20–101 of the State Government 1 Article. 2 (c) “Homeless” means: 3 (1) lacking a fixed, regular, and adequate nighttime residence; or 4 (2) having a primary nighttime residence that is: 5 (i) a supervised publicly or privately operated shelter designed to 6 provide temporary living accommodations; or 7 (ii) a public or private place not designed for or ordinarily used as a 8 regular sleeping accommodation for human beings. 9 (d) (1) “Sexual orientation” means [the identification of an individual as to 10 male or female homosexuality, heterosexuality, or bisexuality] AN INDIVIDUAL’S 11 IDENTITY, OR ANOTHER’S PERCEPTION OF AN INDIVIDUAL’S IDENTITY, IN RELATION 12 TO THE GENDER OR GENDERS TO WHICH THE INDIVIDUAL IS SEXUALLY OR 13 EMOTIONALLY ATTRACTED. 14 (2) “SEXUAL ORIENTATION” DOES NOT MEAN GENDER IDENTITY. 15 Article – Public Safety 16 2–307. 17 (a) (1) IN THIS SECTION, “HATE BIAS INCIDENT” MEANS AN ACT OF 18 HOSTILITY OR AGGRESSION THAT: 19 (I) IS DIRECTED AT AN INDIVIDUAL OR A GROUP, PRIVATE 20 PROPERTY, OR PUBLIC PROPERTY; 21 (II) IS MOTIVATED, IN WHOLE OR SUBSTANTIALLY IN PART, BY 22 ANOTHER INDIVIDUAL’S OR GROUP’S ACTUAL OR PERCEIVED PROTECTED CLASS 23 STATUS AS SPECIFIED IN SUBSECTION (C)(1) OF THIS SECTION; AND 24 (III) DOES NOT CONSTITUTE A CRIME UNDER STATE OR FEDERAL 25 LAW. 26 (2) “HATE BIAS INCIDENT” INCLUDES: 27 (I) SLURS, NAME–CALLING, AND INSULTS; 28 HOUSE BILL 1452 3 (II) THE DISPLAY OF MATERIAL WITH OFFENSIVE LANGUAGE, 1 SYMBOLS, OR THREATS TARGETING A PROTECTED CLASS ON PRIVATE PROPERTY; 2 (III) THE POSTING OF MATERIAL WITH OFFENSIVE LANGUAGE, 3 SYMBOLS, OR THREATS TARGETING A PROTECTED CLASS THAT DOES NOT RESULT 4 IN PROPERTY DAMAGE; 5 (IV) ELECTRONIC AND ONLINE DISTRIBUTION OF MATERIAL 6 WITH OFFENSIVE LANGUAGE, SYMBOLS, OR THREATS TARGETING A PROTECTED 7 CLASS; AND 8 (V) DISTRIBUTION OF MATERIALS WITH MESSAGES USING 9 OFFENSIVE LANGUAGE, SYMBOLS, OR THREATS TARGETING A PROTECTED CLASS IN 10 A PUBLIC PLACE. 11 (B) (1) The Department shall collect, analyze, and disseminate: 12 (i) information about the incidence of crime in the State; and 13 (ii) information, including race and sex, on the total number of law 14 enforcement employees, de–identified and disaggregated by: 15 1. position for civilian employees; and 16 2. rank for sworn employees. 17 (2) Each law enforcement agency shall provide the Department with the 18 information described in paragraph (1) of this subsection in the format that the Secretary 19 requires. 20 [(b)] (C) (1) The Department shall collect and analyze information about 21 HATE CRIMES AND HATE BIAS incidents apparently directed against an individual or 22 group because of race, color, religious beliefs, sexual orientation, gender, disability, national 23 origin, or homelessness. 24 (2) Each local law enforcement agency and the State Fire Marshal shall 25 provide the Department with the information described in paragraph (1) of this subsection. 26 (3) The Department shall adopt procedures for the collection and analysis 27 of the information described in paragraph (1) of this subsection. 28 (4) The Department shall make quarterly reports to the Commission on 29 Civil Rights about the information described in paragraph (1) of this subsection. 30 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 October 1, 2025. 32