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DIVISION 4. DISCRIMINATION THROUGH INTIMIDATION*
*Editor's note—1990 L.M.C., ch. 5, § 1, changed the title of this division from "Racial and Religious Intimidation" to "Intimidation." 2001 L.M.C., ch. 9, § 1, changed the title of this division from "Intimidation" to "Discrimination through Intimidation."
A person must not: willfully and maliciously destroy, injure, or deface another person's real or personal property, or willfully and maliciously injure another person, with the intent to intimidate or attempt to intimidate any person because of race, religion, national origin, disability, sexual orientation, or gender identity. (1983 L.M.C., ch. 26, § 1; 1990 L.M.C., ch. 5, § 1; 1990 L.M.C., ch. 31, § 1; 2001 L.M.C, ch. 9, § 1; 2007 L.M.C., ch. 18, § 1.)
Editor’s note—Section 27-1 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007).
See County Attorney Opinion dated 2/1/10 regarding County law that proscribes fighting words and true threats that intimidate, as long as the law does not rely on the content of the statements.
Section 27-22, formerly § 27-26A, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
(a) If a child under 18 years old commits an act prohibited by Section 27-22, the child's parent or legal guardian, other than a foster parent or public agency, may be held liable for all damages arising out of a single incident. Liability must not exceed $5,000, including any civil penalty. A parent may not be held liable under this Section unless first afforded a reasonable opportunity to be heard and to present relevant evidence. A parent who cannot, or because of extenuating circumstances should not, pay may be excused from liability under this Section.
(b) Liability under subsection (a) may be imposed directly on the child, depending on the child's age and circumstances. A child's liability under this subsection supercedes the parent's liability. (1983 L.M.C., ch. 26, § 1; 2001 L.M.C., ch. 9, § 1.)
(a) The County Executive may, by regulation under method (3), allow any civil penalty and damages payable to the County under this division by a child or an adult to be paid in kind by performing alternative community service.
(b) Any funds received by the County as restitution under this division must be deposited to the anti-hate/violence fund created in Section 35-13A, or, if the anti-hate/violence fund no longer exists, into the general fund. (1983 L.M.C., ch. 26, § 1; 1984 L.M.C., ch. 24, § 30; 2001 L.M.C., ch. 9, § 1.)
Editor's note—Section 27-24, formerly § 27-26D, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-24, relating to action against licensee, etc., found in violation of division, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11, was repealed by 2001 L.M.C., ch. 9, § 1.
Any judicial determination that an act prohibited by Section 27-22 or comparable state law has been committed is admissible as proof of the act in a proceeding brought under this article involving the same acts. (1983 L.M.C., ch. 26, § 1; 1984 L.M.C., ch. 26, § 18; 2001 L.M.C., ch. 9, § 1.)
Editor's note—See County Attorney Opinion dated 12/21/00 indicating that the Human Relations Commission cannot award attorney’s fees to a complainant until the panel holds a hearing on the complaint and makes a finding that the respondent violated Chapter 27.
Section 27-25, formerly § 27-26E, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-25, relating to penalties and monetary awards, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 1984 L.M.C., ch. 26, § 17, was repealed by 2001 L.M.C., ch. 9, § 1.
(a) Fund established.
(1) There is a Partnership Fund for victims of hate/violence.
(2) The Fund is created to compensate victims of hate/violence for personal injury and property damage caused by the hate/violence incident.
(3) The Commission on Human Rights must define what conduct is an act of hate/violence.
(4) The County Executive must designate a subcommittee of the Committee on Hate/Violence to administer the Partnership Fund. In this Section, subcommittee refers to this subcommittee.
(b) Contributions.
(1) The subcommittee should solicit and deposit private contributions to the Fund. The subcommittee may spend up to 10 percent of the Fund to publicize the Fund and solicit private contributions.
(2) The County must contribute $25,000 per year to the Fund to the extent that funds are appropriated.
(3) The County government must also contribute $2 for every $1 of private contributions to the Fund, up to an additional $30,000 per a year, to the extent that funds are appropriated.
(c) Victim compensation.
(1) The subcommittee may pay a victim of hate/violence up to $2,000 from the Fund for each incident of hate/violence to compensate the victim for property damage caused by the hate/violence incident.
(2) The subcommittee may pay a victim of hate/violence up to $4,000 from the Fund for each incident of hate/violence to compensate the victim for personal injuries caused by the hate/violence incident. Personal injury awards must be limited to actual damages for medical expenses, psychological services, or lost wages. Lost wages must be based solely on employment income and must be calculated based on an individual’s gross average weekly wage immediately before the incident of hate/violence.
(3) A victim of hate/violence may not receive more than $8,000 from the Fund in any 12-month period.
(d) Police report. A police report, filed over the telephone or in person to an appropriate law enforcement agency within 7 days after an act of hate/violence occurred or was discovered, must be submitted with all claims. The subcomittee may waive this requirement if an individual had good cause for not filing a police report.
(e) Reduction of compensation. The subcommittee must reduce any payment from the Fund by any amount the victim receives or is entitled to receive from any private or public source as compensation for damages from the hate/violence incident. The Fund may pay for lost wages only to the extent that compensation is not available from an employer for vacation, sick, or any other type of leave, insurance, the State victim compensation program, the County victim assistance program, or any other source arising from the same incident.
(f) False claims. Any person who makes a false claim under this Section:
(1) commits a Class A violation; and
(2) must reimburse the Fund for any payments received under this Section.
(g) Regulations. The County Executive may adopt regulations to implement this Section under method (2). (1987 L.M.C., ch. 3, § 1; FY 1991 L.M.C., ch. 2, § 1; FY 1991 L.M.C., ch 9, § 1; 2001 L.M.C., ch. 9, § 1; 2002 L.M.C., ch 30, § 1; 2005 L.M.C., ch. 24, § 1.)
Editor’s note—See County Attorney Opinion dated 12/21/00 indicating that the Human Relations Commission cannot award attorney’s fees to a complainant until the panel holds a hearing on the complaint and makes a finding that the respondent violated Chapter 27.
2005 L.M.C., ch. 24, § 2, states: Transition - Committee on Hate/Violence. Until January 1, 2009, the members of the subcommittee of the Committee on Hate/Violence designated to administer the Partnership Fund under Section 27-26(a)(4), as amended by Section 1, need not be members of the Committee on Hate/Violence.
Section 27-26, formerly § 27-26F, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-26, relating to standards of proof, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 1984 L.M.C., ch. 26, § 17, was repealed by 2001 L.M.C., ch. 9, § 1.
Former Section 27-26B, relating to statutory civil liability, derived from 1983 L.M.C., ch. 26, § 1; 1990 L.M.C., ch. 31, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.
The director must coordinate the activities of all County departments, offices, and agencies to prevent discrimination in housing and test compliance with housing discrimination laws. The director must designate a staff member at an appropriate managerial level as the County's fair housing coordinator. After consulting appropriate County officials and private citizens, the Commission must:
(a) encourage housing industry participation in activities promoting fair housing, and maintain liaison with industry representatives;
(b) test compliance with housing discrimination laws;
(c) assess information needs, and assure that appropriate County agencies are gathering and analyzing the necessary data to monitor compliance with housing discrimination laws;
(d) Reserved.
(e) maintain a bibliography of information and databases relevant to housing discrimination;
(f) promote education and training to achieve fair housing; and
(g) provide staff support for meetings and activities of the interagency fair housing coordinating group. (1988 L.M.C., ch. 1, § 2; 1996 L.M.C., ch. 13, § 1; 2001 L.M.C., ch. 9, § 1.)
Editor's note—Section 27-26A, formerly § 27-26G, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former § 27-26A was renumbered § 27-22, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
Cross reference—Discrimination in housing, § 27-12 et seq.
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