SB 220
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 220 (Senator Hettleman)
Judicial Proceedings Judiciary
Criminal Law - Hate Crimes - Protected Groups and Penalties
This bill alters the list of protected classes under existing hate crime statutes to include
“gender identity,” as defined in § 20-101 of the State Government Article. The bill also
(1) authorizes a sentencing court to order a person convicted of a hate crime to complete
an antibias education program and (2) requires the University System of Maryland (USM)
to manage the development of an antibias education program.
Fiscal Summary
State Effect: Potential minimal increase in higher education revenues and expenditures,
as described below. The bill’s effect on the application of existing statutory penalties is not
expected to materially affect State finances or operations, as discussed below.
Local Effect: The bill is not anticipated to materially affect local government operations
or finances.
Small Business Effect: None.
Analysis
Bill Summary/Current Law: The State’s hate crime statutes are contained in Title 10,
Subtitle 3 of the Criminal Law Article. Offenses include § 10-302 (damaging property of
religious entity), § 10-303 (obstructing exercise of religious belief), § 10-304 (harassment
or destruction of property), § 10-305 (damage to associated building), and § 10-305.1 (use
of item or symbol to threaten or intimidate). While the bill does not amend all of the
prohibitions under the subtitle, it does authorize a court to order a person convicted of a
hate crime to participate in an antibias education program, as described below.
Section 10-301 (Definitions)
Under current law, “sexual orientation” means the identification of an individual as to male
or female homosexuality, heterosexuality, bisexuality, or gender-related identity.
The bill removes “gender-related identity” from the definition of “sexual orientation” and
specifically adds “gender identity,” as defined under § 20-101 of the State Government
Article, into the protected classes within the hate crimes statutes. Section 20-101 defines
“gender identity” as the gender-related identity, appearance, expression, or behavior of a
person, regardless of the person’s assigned sex at birth, which may be demonstrated by
(1) consistent and uniform assertion of the person’s gender identity or (2) any other
evidence that the gender identity is sincerely held as part of the person’s core identity.
Section 10-304 (Harassment or Destruction of Property)
Under current law, a person may not engage in the following acts motivated either in whole
or in substantial part because another person or group is homeless or because of another
person’s or group’s race, color, religious beliefs, sexual orientation, gender, disability, or
national origin:
 commit a crime or attempt or threaten to commit a crime against another person or
group;
 deface, damage, or destroy, or attempt or threaten to deface, damage, or destroy the
real or personal property of another person or group;
 burn or attempt or threaten to burn an object on the real or personal property of
another person or group; or
 commit any of these acts when the act involves a separate crime that is a felony or
that results in the death of a victim.
The bill specifies that gender identity is a protected class under this provision.
Section 10-305 (Damage to an Associated Building)
Under current law, a person may not deface, damage, or destroy; attempt or threaten to
deface, damage, or destroy; burn or attempt or threaten to burn an object on; or damage the
real or personal property connected to a building that is publicly or privately owned, leased,
or used (1) because a person or group of a particular race, color, religious belief,
sexual orientation, gender, disability, or national origin, or because a person or group that
is homeless, has contacts or is associated with the building or (2) if there is evidence that
exhibits animosity against a person or group due to the race, color, religious beliefs,
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sexual orientation, gender, disability, or national origin of that person or group or because
that person or group is homeless.
The bill specifies that gender identity is a protected class under this provision.
Penalties and Antibias Education Program
In general, under current law, a person who violates these provisions is guilty of a
misdemeanor, punishable by imprisonment for up to 3 years and/or a maximum fine of
$5,000. However, if a violation of § 10-304 involves a separate felony, the violator is guilty
of a felony and is subject to imprisonment for up to 10 years and/or a fine of up to $10,000.
If a violation of § 10-304 results in the death of the victim, the violator is guilty of a felony
and is subject to imprisonment for up to 20 years and/or a fine of up to $20,000.
The bill authorizes a court to require a person who violates the hate crimes statutes under
Title 10, Subtitle 3 of the Criminal Law Article to complete an antibias education program
in addition to any other applicable statutory penalties. By January 1, 2023, USM must
manage the development of an antibias education program that provides antibias education
relevant to the hate crimes statutes.
First Amendment Rights
Pursuant to current law, nothing in the hate crimes statutes may be construed to infringe on
the speech of a religious leader or other individual during peaceable activity intended to
express the leader’s or individual’s religious beliefs or convictions. The bill does not alter
this provision.
State Fiscal Effect: While the bill alters the protected classes under the State’s hate crimes
statutes, given the current inclusion of “gender-related identity” under the existing
protected class of “sexual orientation,” this estimate assumes that any potential expanded
application of existing statutory penalties as a result of the bill does not materially affect
State finances or operations.
State Revenues: The bill requires USM to “manage the development” of an antibias
education program; it is unclear if this responsibility also includes administering the
antibias education program to court-ordered participants. However, to the extent that USM
administers the program to court-ordered participants and charges a fee for participation in
the program or charges a fee for other organizations to implement the USM program’s
curriculum, higher education revenues may increase minimally. Any increase in higher
education revenues is unlikely to occur before fiscal 2023, which reflects the bill’s deadline
for development of the antibias education program. This estimate assumes that any
program participation fees are collected by program administrators, not the courts. While
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the bill takes effect October 1, 2021, this analysis assumes that defendants are not ordered
to attend an antibias education program until the program has been developed and is ready
for implementation.
State Expenditures: Higher education expenditures may increase minimally for USM to
manage the development of an antibias education program in accordance with the bill.
Exhibit 1 contains information on fiscal 2019 and 2020 violations and convictions in the
District Court and the circuit courts under provisions affected by the bill. A violation is a
charge filed with the court; it is not a conviction, and one person may be associated with
multiple violations.
Exhibit 1
Violations and Convictions in the District Court and Circuit Courts
§§ 10-304 and 10-305 of the Criminal Law Article
Fiscal 2019 and 2020
District Court Circuit Courts District Court Circuit Courts
FY 2019 FY 2019 FY 2020 FY 2020
CR, § 10-304 20 violations 18 violations 20 violations 12 violations
2 convictions 0 convictions 0 convictions 2 convictions
CR, § 10-305(1) 4 violations 0 violations 0 violations 2 violations
1 conviction 0 convictions 0 convictions 0 convictions
CR, § 10-305(2) 2 violations 8 violations 7 violations 9 violations
0 convictions 4 convictions 1 conviction 0 convictions
Source: Maryland Judiciary
Local Fiscal Effect: For the reasons stated above, this estimate assumes that any potential
expanded application of existing statutory penalties as a result of the bill does not
materially affect local finances or operations.
Additional Information
Prior Introductions: HB 485 of 2020, a similar bill, received a hearing in the
House Judiciary Committee, but no further action was taken. Its cross file, SB 989, passed
the Senate with amendments and was referred to the House Judiciary Committee, but no
further action was taken.
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Designated Cross File: HB 128 (Delegate Stewart) - Judiciary.
Information Source(s): Maryland Commission on Civil Rights; Maryland State
Commission on Criminal Sentencing Policy; Judiciary (Administrative Office of the
Courts); Office of the Public Defender; Maryland State’s Attorneys’ Association;
Department of Public Safety and Correctional Services; Department of Legislative
Services
Fiscal Note History: First Reader - January 19, 2021
rh/aad Third Reader - March 22, 2021
Revised - Amendment(s) - March 22, 2021
Revised - Correction - March 22, 2021
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 220/ Page 5


Statutes affected:
Text - First - Criminal Law - Hate Crimes - Protected Groups and Penalties: 10-301 Education, 10-304 Education, 10-305 Education, 10-306 Education, 20-208 Education, 12-120 Education, 20-208 State Government
Text - Third - Criminal Law - Hate Crimes - Protected Groups and Penalties: 10-301 Criminal Law, 10-304 Criminal Law, 10-305 Criminal Law, 10-306 Criminal Law, 20-208 Criminal Law, 12-120 Education, 20-208 Education