Text of MD HB 365 (2004)

HOUSE BILL 365 Unofficial Copy 2004 Regular Session E1 4lr1287 ____________________________________________________________________________________ By: Delegates Jones, Lee, Barkley, Dumais, Goldwater, Gutierrez, Hixson, Howard, Kaiser, Kelley, Kirk, Madaleno, Mandel, Marriott, McIntosh, Menes, Montgomery, Murray, Nathan-Pulliam, Patterson, Proctor, Quinter, Rosenberg, Ross, F. Turner, and V. Turner Introduced and read first time: January 28, 2004 Assigned to: Judiciary _____________________________________________________________________________________ A BILL ENTITLED 1 AN ACT concerning 2 Hate Crimes Penalties Act - Expanding Prohibitions and Protected Classes 3 of People 4 FOR the purpose of expanding the scope of the prohibition against damaging property 5 of certain places of worship to include any place of worship; expanding the scope 6 of the prohibition against harassment, destruction of property, and damage to 7 certain buildings to include certain beliefs or perceptions of the violator 8 regarding sexual orientation or gender identity or expression of a person or 9 group of people; requiring a person to perform a certain amount of hours of 10 public or community service for an order of probation or conditional release 11 entered following a conviction under this Act; defining certain terms; making 12 technical changes; and generally relating to hate crimes and penalties. 13 BY adding to 14 Article - Criminal Law 15 Section 10-301 16 Annotated Code of Maryland 17 (2002 Volume and 2003 Supplement) 18 BY repealing and reenacting, with amendments, 19 Article - Criminal Law 20 Section 10-301 through 10-306 21 Annotated Code of Maryland 22 (2002 Volume and 2003 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 24 MARYLAND, That the Laws of Maryland read as follows: 2 HOUSE BILL 365 1 Article - Criminal Law 2 10-301. 3 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4 INDICATED. 5 (B) "SEXUAL ORIENTATION" MEANS THE IDENTIFICATION OF AN INDIVIDUAL 6 AS TO MALE OR FEMALE HOMOSEXUALITY, HETEROSEXUALITY, OR BISEXUALITY. 7 (C) "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING 8 PERCEIVED AS HAVING A GENDER-RELATED IDENTITY, APPEARANCE, EXPRESSION, 9 OR BEHAVIOR, WHETHER OR NOT THAT IDENTITY, APPEARANCE, EXPRESSION, OR 10 BEHAVIOR IS DIFFERENT FROM THAT STEREOTYPICALLY ASSOCIATED WITH THE 11 PERSON'S ASSIGNED SEX AT BIRTH. 12 [10-301.] 10-302. 13 A person may not deface, damage, or destroy, or attempt to deface, damage, or 14 destroy, personal or real property that is owned, leased, or used by a religious entity 15 or for any religious purpose including: 16 (1) [a church, synagogue, or other] ANY place of worship; 17 (2) a cemetery; 18 (3) a religious school, educational facility, or community center; and 19 (4) the grounds adjacent to them. 20 [10-302.] 10-303. 21 A person may not, by force or threat of force, obstruct or attempt to obstruct 22 another in the free exercise of that person's religious beliefs. 23 [10-303.] 10-304. 24 Because of another's race, color, religious beliefs, SEXUAL ORIENTATION, 25 GENDER IDENTITY OR EXPRESSION, or national origin, WHETHER OR NOT THE 26 PERSON'S BELIEF OR PERCEPTION WAS CORRECT, a person may not: 27 (1) harass or commit a crime against that person; 28 (2) damage the real or personal property of that person; 29 (3) deface, damage, or destroy, attempt to deface, damage, or destroy the 30 real or personal property of that person; or 31 (4) burn or attempt to burn an object on the real or personal property of 32 that person. 3 HOUSE BILL 365 1 [10-304.] 10-305. 2 A person may not deface, damage, or destroy, attempt to deface, damage, or 3 destroy, burn or attempt to burn an object on, or damage the real or personal property 4 connected to a building that is publicly or privately owned, leased, or used, including 5 a cemetery, library, meeting hall, recreation center, or school: 6 (1) because a person or group of a particular race, color, religious belief, 7 SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, or national origin has 8 contacts or is associated with the building; or 9 (2) if there is evidence that exhibits animosity against a person or group, 10 because of the race, color, religious beliefs, SEXUAL ORIENTATION, GENDER IDENTITY 11 OR EXPRESSION, or national origin of that person or group. 12 [10-305.] 10-306. 13 (A) A person who violates this subtitle is subject to the following penalties: 14 (1) if the violation involves a separate crime that is a felony, the person is 15 guilty of a felony and on conviction is subject: 16 (i) to imprisonment not exceeding 10 years or a fine not exceeding 17 $10,000 or both; or 18 (ii) if the violation also results in death to a victim, to 19 imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; and 20 (2) in all other cases, the person is guilty of a misdemeanor and on 21 conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding 22 $5,000 or both. 23 (B) AN ORDER OF PROBATION OR CONDITIONAL RELEASE ENTERED 24 FOLLOWING A CONVICTION FOR A CRIME UNDER §§ 10-302 THROUGH 10-305 OF THIS 25 SUBTITLE SHALL INCLUDE A CONDITION THAT THE OFFENDER PERFORM PUBLIC OR 26 COMMUNITY SERVICE OF NOT LESS THAN 200 HOURS. 27 [10-306.] 10-307. 28 Prosecution of a person under this subtitle does not preclude prosecution and 29 imposition of penalties for another crime in addition to the penalties imposed under 30 this subtitle. 31 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 October 1, 2004.