AGENDA ITEM #7.1
July
12,2011
Introduction
MEMORANDUM
July
11,2011
TO:
FROM:
County Council
Amanda Mihill, Legislative
Analys~.t\JJ-9
*Michael Faden, Senior Legislative Attorney
Introduction:
Expedited Bill 25-11, Offenses
SUBJECT:
Curfew
Established
Expedited Bill 25-11, Offenses - Curfew - Established, sponsored by the Council President at the
Request of the County Executive is scheduled to be introduced on July 12,
2011.
A public
hearing and action is tentatively scheduled for July 26, 2011 at 1:30 p.m.
Bill 25-11 would establish a curfew for minors; make certain findings; prohibit certain activities
during the curfew; provide for certain defenses; establish enforcement procedures and penalties; and
generally amend County law relating to offenses and curfews.
According to the County Executive's transmittal memorandum, Bill 25-11 is intended to address
issues relating to increased gang activity, violence, and crime involving minors in the County. The
Executive notes that Bill 25-11 is similar to existing laws in Prince George's County and the District
of Columbia.
This packet contains:
Expedited Bill 25-11
Legislative Request Report
Memo from County Executive
Circle
#
1
9
10
F:\LAW\BILLSI,I125 Curfew\Intro Memo.Doc
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Expedited Bill No. _--=2.:::;..5-..:.1..=..:1
~
_ _
Concerning: Offenses - Curfew -
Established
Revised:
7/11/2011
Draft No. 1
Introduced:
July 12, 2011
Expires:
January 12, 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -!N-'-'o=n!.>:e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1 )
establish a curfew for minors;
(2)
make certain findings;
(3)
prohibit certain activities during the curfew;
(4)
provide for certain defenses;
(5)
establish enforcement procedures and penalties; and
(6)
generally amend County law relating to offenses and curfews.
By adding
Montgomery County Code
Chapter 32, Offenses - V ictim Advocate
Section 32-23A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
1
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EXPEDITED BILL
No.
25-11
1
Sec 1. Sections 32-23A is added as follows:
32-23A. Curfew.
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Findings and Purpose.
ill
There has been an increase in juvenile violence, juvenile
activity, and crime
Qy
minors in the County.
~
ill
Minors
are particularly susceptible, because of their lack of
maturity and experience, to participate in unlawful and gang­
related activities
- - - - -
victims
-
of crime.
and to be the
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ill
The County is obligated to provide for:
CA)
the protection of minors from each other and from other
persons;
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an
©
the
enforcement
of
parental
control
over,
and
responsibility for, children;
the protection of the general public; and
(D) the reduction of the incidence of juvenile criminal
activities.
ill
A
curfew for minors is in the interest of the public health,
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safety, and general welfare and will help to attain these
objectives and to diminish the impact of unwanted conduct on
County residents.
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ill
A curfew law will protect the welfare of minors by:
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®
reducing the likelihood that minors will be the victims of
criminal acts during the curfew hours;
an
reducing the likelihood that minors will become involved
in criminal acts or exposed to trafficking in controlled
substances during the curfew hours; and
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©
aiding parents in carrying out their responsibility to
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ExPEDITED BILL
No. 25-11
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exerCIse reasonable supervision of minors entrusted to their
care.
(Q)
Definitions.
In this Section, the following terms have the meanings indicated:
Curfew hours
means from
11
p.m. on any Sunday, Monday, Tuesday,
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Wednesday, or Thursday, until
12:01 a.m. until
~
~
a.m. the following day, and from
a.m. on any Saturday or Sunday.
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Drug trafJicking
means the act of engaging in any prohibited activity
related to controlled dangerous substances as defined in State law.
Emergency
means an unforeseen combination of circumstances or the
resulting state that calls for immediate action.
Emergency
includes
~
fire, natural disaster, automobile accident, or any situation that
requires immediate action to prevent serious bodily injury or loss of
life.
Establishment
means any privately-owned place of business to which
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the public is invited, including any place of amusement or
entertainment.
Minor
means any person under
.lli
years old, but does not include
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judicially emancipated minor or
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married minor.
Operator
means any individual, firm, association, partnership, or
corporation that operates, manages, or conducts an establishment.
Operator
includes the members or partners of an association or
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partnership and the officers of
~
corporation.
Parent
means:
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natural parent;
adoptive parent;
step-parent;
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EXPEDITED BILL
No. 25-11
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ill
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any person who has legal custody or is the guardian of
f!
minor
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court order or marriage;
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any person who is at least 21 years old who is authorized
Qy
f!
natural parent, adoptive parent, step-parent, or custodial parent
of
f!
child to act as
f!
caretaker for the child; or
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(Q)
f!
public or private agency with whom
f!
minor has been placed
Qy
f!
court.
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Public place
means any place to which the public, or
f!
substantial
group of the public, has access.
Public place
includes any street,
highway, and common area of
f!
school, hospital, apartment house,
office building, transport facility, or shop.
Remain
means to linger, stay, or fail to leave
f!
public place or
establishment when requested to do so
Qy
f!
police officer or the
owner, operator, or other person in control of the public place or
establishment.
Serious bodily injury
means bodily injury that creates
f!
substantial
risk of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or
organ.
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Prohibitions.
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Minor.
A minor must not remain in any public place or
establishment in the County during curfew hours.
Parent.
A parent of
f!
minor must not knowingly permit, or
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insufficient control allow, the minor to remain in any public
place or any establishment in the County during curfew hours.
The term "knowingly" includes knowledge that
f!
parent should
reasonably be expected to have concerning the location of
f!
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EXPEDITED BILL
No. 25-11
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mmor m that parent's legal custody.
intended to hold
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This requirement is
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neglectful or careless parent to
reasonable
community standard of parental responsibility through an
objective test.
It
~
therefore, no defense that
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parent did not
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know of the activities, conduct, or location of the minor.
ill
Owner or Operator.
The owner or operator of an
~
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establishment must not knowingly allow
minor to remain at
an establishment in the County during curfew hours. The term
"knowingly" includes knowledge that an owner or operator
should reasonably be expected to have concerning the patrons
of the establishment. The standard for "knowingly" must be
whether
~
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reasonable person in the position of the owner or
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operator should have known that the patron was
committing
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curfew violation.
@
minor
Defenses.
ill
It is not
~
violation of this Section if
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minor during curfew
hours was:
®
accompanied
h
the minor's parent;
accompanied
.an
(Q
h
an adult authorized
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h
the minor's
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parent to accompany the minor for
specified period of
time and purpose in
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specified area;
on an errand at the direction of the minor's parent,
without any detour or stop, until 12:30 a.m.;
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CD)
in
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motor vehicle, train, or bus in interstate travel
through the County or starting or ending in the County;
(ill
engaged in employment, or going
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or returning home
The
from, employment, without any detour or stop.
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EXPEDITED BILL
No.
25-11
109
minor must
£f!ITY
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valid work permit issued under State
law;
(E)
(ill
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responding to an emergency;
on the property where the minor resides;
on the sidewalk that abuts the minor's residence, or that
abuts the residence of
~
(H)
next-door neighbor if the
neighbor did not complain to the Police Department
about the minor's presence;
ill
attending an official
school, religious, or other
recreational activity sponsored
Qy
the County,
£!
civic
organization, or
£!
similar entity that takes responsibility
for the minor, or going
~
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or returning home from,
without any detour or stop, an official school, religious,
or other recreational activity supervised
Qy
adults and
sponsored
Qy
the County,
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civic organization, or
£!
similar entity that takes responsibility for the minor; or
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exercising First Amendment rights protected
Qy
the
United States Constitution.
It
is not
~
violation of subsection (c)(3) if the owner or operator
of an establishment promptly notified the Police Department
that
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minor was present in the establishment during curfew
hours and refused to leave.
W
Enforcement procedures.
ill
Before taking any enforcement action under this Section,
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police officer must ask an apparent minor's age and reason for
being in the public place or establishment. The officer must not
issue
£!
citation or make an arrest under this Section unless the
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EXPEDITED BILL No.
25-11
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officer reasonably believes that:
®
an offense has occurred; and
based on any response and other circumstances, no
condition in subsection
@
applies.
.em
ill
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If
f!
police officer finds that
f!
minor is committing
f!
curfew
offense, the police officer must take the minor to the nearest
available Police facility, substation, or other area designated
.by
the Police Department, and detain the minor until the minor can
be released to the custody of the minor's parent or an adult
acting in loco parentis.
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ill
The minor's parent or an adult acting in loco parentis with
respect to the minor must be called to the Police facility,
substation or other designated area to take custody of the minor.
A minor who is released to
f!
person acting in loco parentis with
respect to the minor must not be taken into custody for violation
of this Section while returning home with the person acting in
loco parentis. If no person claims responsibility for the minor,
the police may take the minor to the minor's residence or place
the minor in the custody of the Department of Health and
Human Services, who may release the minor at
mornmg.
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a.m. the next
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Penalties.
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Any parent or any owner or operator of an establishment who
violates this Section has committed
f!
separate offense for each
day, or part of
f!
day, during which the violation is committed,
continued, or permitted. Each offense is
f!
Class A violation.
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162
ill
The Court
!!illY
also require one or more parent of
f!
minor, after
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EXPEDITED BILL
No. 25-11
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each conviction for violating this Section to complete parenting
classes.
ill
A minor found to have violated this Section
hY
the Juvenile
Court may be ordered to perform
!ill
to 25 hours of community
service for each violation.
Sec 2. Expedited Effective Date.
The Council declares that this Act is necessary for the immediate protection
of the public interest. This Act takes effect on the date when it becomes law.
Approved:
171
172
Valerie Ervin, President, County Council
Date
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Approved:
174
Isiah Leggett, County Executive
Date
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This is a correct copy o/Council action.
176
Linda M. Lauer, Clerk of the Council
Date
F:ILAWIBlLLSlllxxCurfewIBilll.DOC
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LEGISLATIVE REQUEST REPORT
Bill 25-11
Offenses
-
Curfew
-
Minors
DESCRIPTION:
This bill imposes a curfew on youth under the age of 18 years from
Midnight to 5:00 am on Saturday and Sunday and from 11 :00 pm to
5 :00 am on the remaining days of the week.
This bill is intended to address issues relating to increased gang
activity, violence, and crime involving minors in the County.
Youth under the age of 18 are particularly susceptible, because of
their lack of maturity and experience, to participate in unlawful and
gang-related activities and to be the victim of older perpetrators of
crime. Enactment of this bill will protect the welfare of minors by:
(1) reducing the likelihood that minors will be the victims of criminal
acts during curfew hours; (2) reducing the likelihood that minors will
become involved in criminal acts or exposed to criminal acts during
curfew hours; and (3) aid parents in carrying out their responsibility
to exercise reasonable supervision of minors entrusted to their care.
The bill will also protect the general public from juvenile related
criminal activity.
Department of Police, Office of the State's Attorney
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
This bill is similar to laws that currently exist in the District of Columbia
and Prince George's County.
Police Chief Tom Manger
Assistant Chief Administrative Officer Kathleen Boucher, 240-777-2593
All except Gaithersburg, Garrett Park, Kensington, Laytonsville,
Poolesville, Rockville, Somerset, Washington Grove
Class A
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
F:\LAW\BILLS\1125 Curfew\LRRl.Doc
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OFFICE OF THE COlJ'NTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
lsiah Leggett
County Executive
, ·:1
MEMORANDUM
July 11, 2011
LJ
TO:
Valerie Ervin, President
Montgomery County Council
Isiah Leggett, County Executive
Proposed Legislation Establishing a Curfew for Minors
FROM:
SUBJECT:
I am transmitting for Council introduction an expedited bill that creates a curfew
for youth under the age of 18 years, as well as a Legislative Request Report for the bilL This bill
is similar to curfew laws that already exist in Prince George's County and the District of
Columbia.
This bill is intended to address issues relating to increased gang activity, violence,
and crime involving minors in the County.
It
imposes a curfew from Midnight to 5:00 am on
Saturday and Sunday and from 11 :00 pm to 5 :00 am on the remaining days of the week.
Youth under the age of 18 are particularly susceptible, because of their lack of
maturity and experience, to participate in unla\vful and gang-related activities and to be the
victim of older perpetrators of crime. Enactment of this bill will protect the welfare of minors
by:
(1)
reducing the likelihood that minors will be the victims of criminal acts during curfew
hours; (2) reducing the likelihood that minors will become involved in criminal acts or exposed
to criminal acts during curfew hours; and (3) aid parents in carrying out their responsibility to
exercise reasonable supervision of minors entrusted to their care. The bill will also protect the
general public from juvenile related criminal activity.
I would greatly appreciate Council's expedited review of this bill. If you have
any questions about the bill, please contact Assistant Chief Administrative Officer Kathleen
Boucher at 240-777-2593 or Kathleen.boucher@montgmoerycountvmd.gov.
Attachment
montgomerycountymd.gov/311
240-773-3556 TTY