Hate Crimes and Hate Bias - Definitions of Sexual Orientation and Hate Bias Incident

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0513*

HOUSE BILL 513
E1, E4 6lr2212
HB 1452/25 – JUD
By: Delegate Vogel
Introduced and read first time: January 27, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Hate Crimes and Hate Bias – Definitions of Sexual Orientation and Hate Bias 2
Incident 3

FOR the purpose of altering the definition of “sexual orientation” applicable to certain hate 4
crime statutes; defining “hate bias incident” applicable to a certain requirement that 5
the Department of State Police collect, analyze, and report certain information 6
provided by certain law enforcement agencies; and generally relating to hate crimes 7
and hate bias incidents. 8

BY repealing and reenacting, with amendments, 9
Article – Criminal Law 10
Section 10–301 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, with amendments, 14
Article – Public Safety 15
Section 2–307 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Criminal Law 21

10–301. 22

(a) In this subtitle the following words have the meanings indicated. 23

2 HOUSE BILL 513

(b) “Gender identity” has the meaning stated in § 20–101 of the State Government 1
Article. 2

(c) “Homeless” means: 3

(1) lacking a fixed, regular, and adequate nighttime residence; or 4

(2) having a primary nighttime residence that is: 5

(i) a supervised publicly or privately operated shelter designed to 6
provide temporary living accommodations; or 7

(ii) a public or private place not designed for or ordinarily used as a 8
regular sleeping accommodation for human beings. 9

(d) (1) “Sexual orienta tion” means [the identification of an individual as to 10
male or female homosexuality, heterosexuality, or bisexuality ] AN INDIVIDUAL ’S 11
IDENTITY, OR ANOTHER’S PERCEPTION OF AN INDIVIDUAL’S IDENTITY, IN RELATION 12
TO THE GENDER OR GEN DERS TO WHICH THE IN DIVIDUAL IS SEXUALLY OR 13
EMOTIONALLY ATTRACTED. 14

(2) “SEXUAL ORIENTATION” DOES NOT MEAN GENDER IDENTITY. 15

Article – Public Safety 16

2–307. 17

(a) (1) IN THIS SECTION , “HATE BIAS INCIDENT ” MEANS AN ACT OF 18
HOSTILITY OR AGGRESSION THAT: 19

(I) IS DIRECTED AT AN IN DIVIDUAL OR A GROUP , PRIVATE 20
PROPERTY, OR PUBLIC PROPERTY; 21

(II) IS MOTIVATED, IN WHOLE OR SUBSTANT IALLY IN PART , BY 22
ANOTHER INDIVIDUAL ’S OR GROUP ’S ACTUAL OR PERCEIVE D PROTECTED CLASS 23
STATUS AS SPECIFIED IN SUBSECTION (C)(1) OF THIS SECTION; AND 24

(III) DOES NOT CONSTITUTE A CRIME UNDER STATE OR FEDERAL 25
LAW. 26

(2) “HATE BIAS INCIDENT” INCLUDES: 27

(I) SLURS, NAME–CALLING, AND INSULTS; 28

HOUSE BILL 513 3

(II) THE DISPLAY OF MATER IAL WITH OFFENSIVE L ANGUAGE, 1
SYMBOLS, OR THREATS TARGETING A PROTECTED CLASS ON PRIVATE PROPERTY; 2

(III) THE POSTING OF MATER IAL WITH OFFENSIVE L ANGUAGE, 3
SYMBOLS, OR THREATS TARGETING A PROTECTED CLASS THAT DOES NOT RESULT 4
IN PROPERTY DAMAGE; 5

(IV) ELECTRONIC AND ONLIN E DISTRIBUTION OF MA TERIAL 6
WITH OFFENSIVE LANGU AGE, SYMBOLS, OR THREATS TARGETING A PROTECTED 7
CLASS; AND 8

(V) DISTRIBUTION OF MATE RIALS WITH MESSAGES USING 9
OFFENSIVE LANGUAGE, SYMBOLS, OR THREATS TARGETING A PROTECTED CLASS IN 10
A PUBLIC PLACE. 11

(B) (1) The Department shall collect, analyze, and disseminate: 12

(i) information about the incidence of crime in the State; and 13

(ii) information, including race and sex, on the total numb er of law 14
enforcement employees, de–identified and disaggregated by: 15

1. position for civilian employees; and 16

2. rank for sworn employees. 17

(2) Each law enforcement agency shall provide the Department with the 18
information described in paragraph (1) of this subsection in the format that the Secretary 19
requires. 20

[(b)] (C) (1) The Department shall collect and analyze information about 21
HATE CRIMES AND HATE BIAS incidents apparently directed against an individual or 22
group because of race, color, religious beliefs, sexual orientation, gender, disability, national 23
origin, or homelessness. 24

(2) Each local law enforcement agency and the State Fire Marshal shall 25
provide the Department with the information described in paragraph (1) of this subsection. 26

(3) The Department shall adopt procedures for the collection and analysis 27
of the information described in paragraph (1) of this subsection. 28

(4) The Department shall make quarterly reports to the Commission on 29
Civil Rights about the information described in paragraph (1) of this subsection. 30

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2026. 32