Text of MD SB 578 (2005)

UNOFFICIAL COPY OF SENATE BILL 578 SECOND PRINTING E1 5lr1904 HB 365/04 - JUD CF 5lr0307 ____________________________________________________________________________________ By: Senators Giannetti, Forehand, Garagiola, Grosfeld, Kelley, Lawlah, and Pinsky Introduced and read first time: February 4, 2005 Assigned to: Judicial Proceedings _____________________________________________________________________________________ Committee Report: Favorable Senate action: Adopted Read second time: April 4, 2005 Returned to second reading: April 5, 2005 Senate action: Adopted with floor amendments Read second time: April 5, 2005 _____________________________________________________________________________________ CHAPTER_______ 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 certain property, and 7 damage to certain buildings to include sexual orientation of a person or group of 8 people; providing for the construction of certain provisions of law; defining a 9 certain term; making technical changes; and generally relating to hate crimes 10 and penalties. 11 BY adding to 12 Article - Criminal Law 13 Section 10-301 and 10-308 14 Annotated Code of Maryland 15 (2002 Volume and 2004 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article - Criminal Law 18 Section 10-301 through 10-306 19 Annotated Code of Maryland 20 (2002 Volume and 2004 Supplement) 2 UNOFFICIAL COPY OF SENATE BILL 578 1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 2 MARYLAND, That the Laws of Maryland read as follows: 3 Article - Criminal Law 4 10-301. 5 IN THIS SUBTITLE, "SEXUAL ORIENTATION" MEANS THE IDENTIFICATION OF AN 6 INDIVIDUAL AS TO MALE OR FEMALE HOMOSEXUALITY, HETEROSEXUALITY, 7 BISEXUALITY, OR GENDER-RELATED IDENTITY. 8 [10-301.] 10-302. 9 A person may not deface, damage, or destroy, or attempt to deface, damage, or 10 destroy, personal or real property that is owned, leased, or used by a religious entity 11 or for any religious purpose including: 12 (1) [a church, synagogue, or other] A place of worship; 13 (2) a cemetery; 14 (3) a religious school, educational facility, or community center; and 15 (4) the grounds adjacent to them. 16 [10-302.] 10-303. 17 A person may not, by force or threat of force, obstruct or attempt to obstruct 18 another in the free exercise of that person's religious beliefs. 19 [10-303.] 10-304. 20 Because of another's race, color, religious beliefs, SEXUAL ORIENTATION, or 21 national origin, a person may not: 22 (1) harass or commit a crime against that person; 23 (2) damage the real or personal property of that person; 24 (3) deface, damage, or destroy, attempt to deface, damage, or destroy the 25 real or personal property of that person; or 26 (4) burn or attempt to burn an object on the real or personal property of 27 that person. 28 [10-304.] 10-305. 29 A person may not deface, damage, or destroy, attempt to deface, damage, or 30 destroy, burn or attempt to burn an object on, or damage the real or personal property 31 connected to a building that is publicly or privately owned, leased, or used, including 32 a cemetery, library, meeting hall, recreation center, or school: 3 UNOFFICIAL COPY OF SENATE BILL 578 1 (1) because a person or group of a particular race, color, religious belief, 2 SEXUAL ORIENTATION, or national origin has contacts or is associated with the 3 building; or 4 (2) if there is evidence that exhibits animosity against a person or group, 5 because of the race, color, religious beliefs, SEXUAL ORIENTATION, or national origin 6 of that person or group. 7 [10-305.] 10-306. 8 A person who violates this subtitle is subject to the following penalties: 9 (1) if the violation involves a separate crime that is a felony, the person is 10 guilty of a felony and on conviction is subject: 11 (i) to imprisonment not exceeding 10 years or a fine not exceeding 12 $10,000 or both; or 13 (ii) if the violation also results in death to a victim, to 14 imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; and 15 (2) in all other cases, the person is guilty of a misdemeanor and on 16 conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding 17 $5,000 or both. 18 [10-306.] 10-307. 19 Prosecution of a person under this subtitle does not preclude prosecution and 20 imposition of penalties for another crime in addition to the penalties imposed under 21 this subtitle. 22 10-308. 23 NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO INFRINGE ON THE 24 SPEECH OF A RELIGIOUS LEADER OR OTHER INDIVIDUAL DURING PEACEABLE 25 ACTIVITY INTENDED TO EXPRESS THE LEADER'S OR INDIVIDUAL'S RELIGIOUS 26 BELIEFS OR CONVICTIONS. 27 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 October 1, 2005.