PS ITEM 1
December 1, 2011
Public Safety Committee
Faden, Senior Legislative Attorney
Robert Drummer, Senior Legislative Attorney
Expedited Bill 25-11, Offenses - Curfew
Expedited Bill 25-11, Offenses - Curfew - Established, sponsored by the Council President at the
request of the County Executive, was introduced on July 12,2011. A public hearing was held on
, July 26, at which speakers articulated strong positions for and against this Bill. See select
testimony and correspondence on ©23-33. The Public Safety Committee held worksessions on
Bill 25-11 on September 15 and November 3.
Council staff packets for those worksessions
provide a summary of background issues and information. Councilmembers should bring
their packets from those worksessions to this meeting.
Additional background information
attached to this memorandum include information provided to this Committee for its October 6
update on implementation of Police Department's 3rd District staffing (©20) and information
provided to the Public Safety and Health and Human Services Committees for their October 13
session on positive youth programming in Montgomery County (©13).
Bill 25-11 would establish a curfew for minors, prohibit certain activities during the curfew, allow
certain defenses, and specify enforcement procedures and penalties. According to the County
Executive's transmittal memorandwn, Bill 25-11 is intended to address issues relating to increased
gang activity, violence, and crime involving minors in the County. The Executive noted that Bill
25-11 is similar to current laws in Prince George's County and the District of Colwnbia.
Summary of Introduced Bill
As introduced, Bill 25-11 would establish a curfew for minors between 11 p.m. and 5 a.m. on
Sunday through Thursday and from 12:0
a.m. until 5 a.m. on Saturday and Sunday. During the
curfew hours, a minor must not
in any County public place or establishment. Executive
staff confirmed that a minor could be cited for a curfew violation only after a police officer has told
the minor to move along and the minor refused. "Public place" is defmed as "a place to which the
public, or a substantial group of the public, has access". "Establishment" is defined as "any