SENATE BILL 139

Unofficial Copy 1999 Regular Session

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____________________________________________________________________________________

By: The President (Administration) and Senators Hoffman, Hollinger,

Kelley, and Lawlah

Introduced and read first time: January 22, 1999

Assigned to: Judicial Proceedings

_____________________________________________________________________________________

A BILL ENTITLED

1 AN ACT concerning

2 Crimes - Gender and Sexual Orientation Crimes - Prohibitions

3 FOR the purpose of prohibiting a person from committing certain crimes against

4 another person or institution, or damaging the property of another person or

5 institution, because of that person's gender or sexual orientation or because of

6 the institution's contacts or associations with a person or group of a particular

7 gender or sexual orientation; defining certain terms; and generally relating to

8 the prohibition of crimes against persons based on gender or sexual orientation.

9 BY repealing and reenacting, with amendments,

10 Article 27 - Crimes and Punishments

11 Section 470A

12 Annotated Code of Maryland

13 (1996 Replacement Volume and 1998 Supplement)

14 Preamble

15 WHEREAS, Chief Justice Rehnquist wrote for a unanimous Supreme Court in

16 Wisconsin v. Mitchell that a defendant's motive for committing a crime has

17 traditionally been an important factor in sentencing; and

18 WHEREAS, A defendant's abstract beliefs, which are protected by the First

19 Amendment of the Constitution of the United States, cannot be admitted into

20 evidence when they are not relevant to criminal conduct; and

21 WHEREAS, Bias-inspired crimes are more likely to provoke retaliatory crimes,

22 inflict emotional harm on victims, and incite community unrest; and

23 WHEREAS, There is a long standing tradition in the law that crimes "which are

24 the most destructive of the public safety and happiness" should be the most severely

25 punished; now, therefore,

26 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

27 MARYLAND, That the Laws of Maryland read as follows:

2 SENATE BILL 139

1 Article 27 - Crimes and Punishments

2 470A.

3 (a) (1) In this section the following words have the meanings indicated.

4 (2) "HARASS" MEANS, WITHOUT LAWFUL AUTHORITY, TO KNOWINGLY

5 THREATEN A PERSON UNDER CIRCUMSTANCES THAT WOULD REASONABLY CREATE

6 A FEAR IN THE PERSON THAT THE THREAT WILL BE CARRIED OUT TO:

7 (I) CAUSE BODILY INJURY TO THE PERSON;

8 (II) CAUSE PHYSICAL DAMAGE TO THE PROPERTY OF THE PERSON;

9 (III) SUBJECT THE PERSON TO ANY PHYSICAL CONFINEMENT OR

10 RESTRAINT; OR

11 (IV) DO ANY ACT WHICH IS INTENDED TO SUBSTANTIALLY HARM

12 THE PERSON'S PHYSICAL OR MENTAL HEALTH OR SAFETY.

13 (3) "Institution" means a publicly or privately owned, leased, or used

14 building, including:

15 (i) A school;

16 (ii) A library;

17 (iii) A recreation center;

18 (iv) A meeting hall; or

19 (v) A cemetery.

20 [(3)] (4) "Religious real property" includes:

21 (i) A church, synagogue, or other place of worship;

22 (ii) A cemetery;

23 (iii) A religious school, educational facility, community center,

24 structure, or other real property used for any religious purpose; and

25 (iv) The grounds adjacent to the property described in items (i)

26 through (iii) of this paragraph.

27 (5) "SEXUAL ORIENTATION" MEANS:

28 (I) THE IDENTIFICATION OF AN INDIVIDUAL AS TO MALE OR

29 FEMALE HOMOSEXUALITY, HETEROSEXUALITY, OR BISEXUALITY; OR

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1 (II) HAVING OR BEING PERCEIVED AS HAVING AN IDENTITY,

2 EXPRESSION, OR PHYSICAL CHARACTERISTIC NOT TRADITIONALLY ASSOCIATED

3 WITH AN INDIVIDUAL'S BIOLOGICAL SEX OR SEX AT BIRTH.

4 (b) A person may not:

5 (1) Deface, damage, or destroy or attempt to deface, damage, or destroy

6 religious real or personal property that is owned, leased, or used by a religious entity;

7 (2) Obstruct, or attempt to obstruct by force or threat of force, a person in

8 the free exercise of that person's religious beliefs;

9 (3) Harass or commit a crime upon a person or damage the real or

10 personal property of:

11 (i) A person because of that person's race, color, religious beliefs,

12 GENDER, SEXUAL ORIENTATION, or national origin; or

13 (ii) An institution:

14 1. Because of the institution's contacts or association with a

15 person or group of a particular race, color, religious belief, GENDER, SEXUAL

16 ORIENTATION, or national origin; or

17 2. Where there is evidence that exhibits animosity on the

18 part of the person committing the act against a person or group because of that

19 person's or group's race, color, religious beliefs, GENDER, SEXUAL ORIENTATION, or

20 national origin; or

21 (4) Deface, damage, or destroy, attempt to deface, damage, or destroy, or

22 burn or attempt to burn any object on, the real or personal property of:

23 (i) A person because of that person's race, color, religious beliefs,

24 GENDER, SEXUAL ORIENTATION, or national origin; or

25 (ii) An institution:

26 1. Because of the institution's contacts or association with a

27 person or group of a particular race, color, religious belief, GENDER, SEXUAL

28 ORIENTATION, or national origin; or

29 2. Where there is evidence that exhibits animosity on the

30 part of the person committing the act against a person or group because of that

31 person's or group's race, color, religious beliefs, GENDER, SEXUAL ORIENTATION, or

32 national origin.

33 (c) A person who violates the provisions of this section is subject to the

34 following penalties:

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1 (1) If the violation involves a separate crime that is a felony, the person

2 is guilty of a felony and upon conviction is subject to imprisonment for not more than

3 10 years, or a fine of not more than $10,000, or both.

4 (2) If the violation involves a separate crime that is a felony and results

5 in death to a victim, the person is guilty of a felony and upon conviction is subject to

6 imprisonment for not more than 20 years, or a fine of not more than $20,000, or both.

7 (3) In all other cases, the person is guilty of a misdemeanor and upon

8 conviction is subject to imprisonment for not more than 3 years, or a fine of not more

9 than $5,000, or both.

10 (d) Prosecution of a person under this section does not preclude prosecution

11 and imposition of penalties for any other crime in addition to any penalties imposed

12 under this section.

13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect

14 October 1, 1999.