SB 127
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 127 (Senators Patterson and Augustine)
Education, Health, and Environmental Affairs Appropriations
Institutions of Higher Education - Use of Criminal History in Admission -
Modifications
This bill prohibits an institution of higher education that receives State funds from
disqualifying an applicant from undergraduate admission based on the applicant’s criminal
history obtained from a third-party admissions application. Further, an institution may not
make inquiries into and consider information about a student’s criminal history for the
purpose of admission, including to deny or limit a student’s admission into a particular
academic program. An institution of higher education may develop a process for
determining or restricting access to campus residency for a student who has been convicted
of (1) a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; (2) a crime of
violence under Title 14 of the Criminal Law Article; or (3) a substantially similar crime in
another state. The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: Institutions of higher education can make changes to the admissions process
using existing resources. Any institutional costs to develop a process to determine or
restrict access to campus residency for students convicted of sexual crimes or crimes of
violence, as specified, are due to institutional choices. Revenues are not affected.
Local Effect: Local community colleges can make changes to the admissions process
using existing resources. Any community college costs to develop a process to determine
or restrict access to campus residency for students convicted of sexual crimes or crimes of
violence, as specified, are due to college choices. Revenues are not affected.
Small Business Effect: None.
 Analysis
Bill Summary: In effect, the bill prohibits an institution of higher education that receives
State funds from disqualifying an applicant from undergraduate admission, including
specific academic programs, based on the applicant’s criminal history.
Current Law: The Maryland Fair Access to Education Act of 2017 (Chapter 2 of 2018)
generally prohibits an institution of higher education that receives State funds from using
an undergraduate admissions application that contains questions about the criminal history
of the applicant. However, an institution may use a third-party admissions application that
contains questions about the criminal history of the applicant if the institution posts a notice
on its website stating that a criminal history does not disqualify an applicant from
admission. A student’s criminal history may be inquired into and considered for the
purposes of deciding admission and access to campus residency or offering counseling and
services. An institution of higher education must develop a process that considers specified
issues in denying admission or limiting access to an affected student’s campus residency
or a specific academic program.
State law allows various State licensure boards, including health occupations boards, to
prohibit licensure to an individual who is convicted of or pleads guilty or nolo contendere
to a felony or to a crime involving moral turpitude or other specified crimes.
Sexual Crimes
Title 3, Subtitle 3 of the Criminal Law Article contains statutory provisions pertaining to
several sexual crimes, ranging from rape in the first degree to sexual offense in the
fourth degree.
Crimes of Violence
Section 14-101 of the Criminal Law Article defines a “crime of violence” as (1) abduction;
(2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary
manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery; (10) carjacking
(including armed carjacking); (11) first- and second-degree sexual offenses; (12) use of a
firearm in the commission of a felony or other crime of violence, except possession with
intent to distribute a controlled dangerous substance; (13) child abuse in the first degree;
(14) sexual abuse of a minor younger than age 13 under specified circumstances;
(15) home invasion; (16) felony sex trafficking and forced marriage; (17) an attempt to
commit crimes listed under items 1 through 16; (18) continuing course of certain sexual
conduct with a child; (19) assault in the first degree; and (20) assault with intent to murder,
rape, rob, or commit a sexual offense in the first or second degree.
SB 127/ Page 2
State and Local Fiscal Effect: Institutions can make required changes to their admissions
processes using existing resources. Institutions that offer academic programs that prepare
individuals for occupations that require licensure may choose to provide additional
information to students interested in particular programs that individuals with certain
criminal histories are ineligible for licensure in particular professions and, thus, should
pursue another academic pathway. This information can be provided using existing
resources.
Under the bill, institutions may choose, but are not required, to develop a process for
determining or restricting access to campus residency for a student who has been convicted
of sexual crimes or crimes of violence, as specified. Thus, any costs are due to institutional
choices. Most public four-year institutions and some community colleges operate campus
residencies for their students.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Higher Education Commission; Baltimore City
Community College; University System of Maryland; Morgan State University;
Department of Legislative Services
Fiscal Note History: First Reader - February 9, 2021
rh/rhh Third Reader - April 1, 2021
Revised - Amendment(s) - April 1, 2021
Analysis by: Caroline L. Boice Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 127/ Page 3


Statutes affected:
Text - First - Institutions of Higher Education - Use of Criminal History in Admission - Modifications: 26-503 Education, 26-504 Education, 26-505 Education
Text - Third - Institutions of Higher Education - Use of Criminal History in Admission - Modifications: 26-503 Education, 26-504 Education, 26-505 Education