SB 287 — Criminal Law: Interference With Access to or Egress From a Religious Facility — Prohibition (Maryland)
Status / Key Dates
- Introduced: January 10, 2025 (Senate, Judicial Proceedings Committee)
- Hearing: Jan. 30, 2025 (Judicial Proceedings) — (per bill docket)
- Cross-file: HB 305 (House)
- Effective date in bill text: October 1, 2025 (if enacted)
Purpose / Intent
SB 287 creates a standalone criminal prohibition against physically preventing a person from entering or exiting a “religious facility.” The bill is intended to protect physical access to places used for religious purposes while preserving protected speech.
What the bill would do — Key provisions
- New offense (adds §10‑204.1 to the Criminal Law Article):
- Prohibits a person, acting alone or with others, from intentionally preventing another from entering or leaving a religious facility by:
- physically detaining the person; or
- obstructing, impeding, or hindering the person’s passage.
- Clarifies that the prohibition does not apply to speech (i.e., verbal expression is not criminalized).
- Definition of “religious facility” (broad):
- Includes real property owned, leased, or used by a religious entity or for religious purposes, and explicitly lists:
- places of worship;
- cemeteries;
- religious schools, educational facilities, or community centers; and
- grounds adjacent to these locations.
- Express exemptions:
- The prohibition does not apply to: (1) the chief executive officer of the religious facility or their designee; (2) an agent of the religious facility; or (3) a law enforcement officer acting in an authorized capacity.
- Penalties:
- Violation is a misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $1,000.
Relation to existing law
- The structure mirrors existing Maryland prohibitions that protect access to medical facilities (§10‑204) and restrict obstruction of funerals/related services (§10‑205). The bill complements those protections by extending a similar specific criminal prohibition to religious facilities.
Who would be affected
- Protected: individuals attending, entering, or leaving religious facilities (worshippers, students at religious schools, visitors to cemeteries, etc.).
- Regulated: individuals or groups who physically block, detain, or otherwise impede access — e.g., some forms of protest, blockade, or picketing that physically obstructs ingress/egress (note: speech alone remains protected).
- Religious institutions and their leadership (explicitly exempted when acting in that capacity).
- Law enforcement (exempt when acting within authority).
- State and local courts and prosecutors (for enforcement and prosecution).
Fiscal and operational impact
- Fiscal note (Maryland Department of Legislative Services): not anticipated to materially affect State or local finances or operations.
- The offense aligns with existing misdemeanor frameworks; expected enforcement and court processing would follow normal criminal procedure.
Practical considerations / implications
- The bill criminalizes physical obstruction of access to religious sites while attempting to preserve free‑speech protections for nonobstructive expression.
- The exemptions permit facility managers and law enforcement to control access for legitimate operational or security reasons.
- Potential enforcement questions could arise about what constitutes sufficient “obstruction” or “detention” versus protected expressive conduct; prosecutorial discretion and courts would narrow those boundaries.
For more detail
- Bill text adds §10‑204.1 and references §10‑204 and §10‑302 (related criminal provisions for medical facilities and property damage to religious property). Cross-file HB 305 tracks the House companion.
