Text of MD HB 231 (2021)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0231* HOUSE BILL 231 E1, E2 1lr0323 HB 488/20 – JUD (PRE–FILED) CF SB 46 By: Delegate Palakovich Carr Requested: August 4, 2020 Introduced and read first time: January 13, 2021 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Crimes – Mitigation – Race, Color, National Origin, Sex, Gender Identity, or 2 Sexual Orientation 3 FOR the purpose of establishing that a certain discovery or perception of, or belief about, 4 another person’s race, color, national origin, sex, gender identity, or sexual 5 orientation does not constitute certain provocation to mitigate a killing from the 6 crime of murder to manslaughter; establishing that a certain discovery or perception 7 of, or belief about, another person’s race, color, national origin, sex, gender identity, 8 or sexual orientation does not constitute certain provocation to mitigate an assault 9 from the crime of assault in the first degree to assault in the second degree or another 10 lesser crime; and generally relating to homicide and assault. 11 BY repealing and reenacting, with amendments, 12 Article – Criminal Law 13 Section 2–207 and 3–209 14 Annotated Code of Maryland 15 (2012 Replacement Volume and 2020 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Criminal Law 19 2–207. 20 (a) A person who commits manslaughter is guilty of a felony and on conviction is 21 subject to: 22 (1) imprisonment not exceeding 10 years; or 23 2 HOUSE BILL 231 (2) imprisonment in a local correctional facility not exceeding 2 years or a 1 fine not exceeding $500 or both. 2 (b) The discovery of one’s spouse engaged in sexual intercourse with another does 3 not constitute legally adequate provocation for the purpose of mitigating a killing from the 4 crime of murder to voluntary manslaughter even though the killing was provoked by that 5 discovery. 6 (C) THE DISCOVERY OR PERCEPTION OF, OR BELIEF ABOUT, ANOTHER 7 PERSON’S RACE, COLOR, NATIONAL ORIGIN, SEX, GENDER IDENTITY, OR SEXUAL 8 ORIENTATION, WHETHER OR NOT ACCURATE, DOES NOT CONSTITUTE LEGALLY 9 ADEQUATE PROVOCATION TO MITIGATE A KILLING FROM THE CRIME OF MURDER TO 10 MANSLAUGHTER. 11 3–209. 12 (A) [A] SUBJECT TO SUBSECTION (B) OF THIS SECTION, A person charged with 13 a crime under § 3–202, § 3–203, § 3–204, or § 3–205 of this subtitle may assert any judicially 14 recognized defense. 15 (B) THE DISCOVERY OR PERCEPTION OF, OR BELIEF ABOUT, ANOTHER 16 PERSON’S RACE, COLOR, NATIONAL ORIGIN, SEX, GENDER IDENTITY, OR SEXUAL 17 ORIENTATION, WHETHER OR NOT ACCURATE, DOES NOT CONSTITUTE LEGALLY 18 ADEQUATE PROVOCATION TO MITIGATE AN ASSAULT FROM THE CRIME OF ASSAULT 19 IN THE FIRST DEGREE TO ASSAULT IN THE SECOND DEGREE OR ANOTHER LESSER 20 CRIME. 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2021. 23

LAWRENCE J. HOGAN, JR., Governor Ch. 369 – 1 – Chapter 369 (House Bill 231) AN ACT concerning Crimes – Mitigation and Defense – Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation FOR the purpose of establishing that a certain discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, or sexual orientation does not constitute certain provocation to mitigate a killing from the crime of murder to manslaughter; establishing that a certain discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, or sexual orientation does not constitute certain provocation to mitigate an assault from the crime of assault in the first degree to assault in the second degree or another lesser crime is not a defense to the crime of assault in any degree; and generally relating to homicide and assault. BY repealing and reenacting, with amendments, Article – Criminal Law Section 2–207 and 3–209 Annotated Code of Maryland (2012 Replacement Volume and 2020 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Criminal Law 2–207. (a) A person who commits manslaughter is guilty of a felony and on conviction is subject to: (1) imprisonment not exceeding 10 years; or (2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both. (b) The discovery of one’s spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery. Ch. 369 2021 LAWS OF MARYLAND – 2 – (C) THE DISCOVERY OR PERCEPTION OF, OR BELIEF ABOUT, ANOTHER PERSON’S RACE, COLOR, NATIONAL ORIGIN, SEX, GENDER IDENTITY, OR SEXUAL ORIENTATION, WHETHER OR NOT ACCURATE, DOES NOT CONSTITUTE LEGALLY ADEQUATE PROVOCATION TO MITIGATE A KILLING FROM THE CRIME OF MURDER TO MANSLAUGHTER. 3–209. (A) [A] SUBJECT TO SUBSECTION (B) OF THIS SECTION, A person charged with a crime under § 3–202, § 3–203, § 3–204, or § 3–205 of this subtitle may assert any judicially recognized defense. (B) THE DISCOVERY OR PERCEPTION OF, OR BELIEF ABOUT, ANOTHER PERSON’S RACE, COLOR, NATIONAL ORIGIN, SEX, GENDER IDENTITY, OR SEXUAL ORIENTATION, WHETHER OR NOT ACCURATE, DOES NOT CONSTITUTE LEGALLY ADEQUATE PROVOCATION TO MITIGATE AN ASSAULT FROM THE CRIME OF ASSAULT IN THE FIRST DEGREE TO ASSAULT IN THE SECOND DEGREE OR ANOTHER LESSER CRIME IS NOT A DEFENSE TO THE CRIME OF ASSAULT IN ANY DEGREE. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2021. Enacted under Article II, § 17(c) of the Maryland Constitution, May 30, 2021.