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On October 1, 2020, a number of important anti-discrimination measures went into effect in Maryland.  One of them was House Bill 917/Senate Bill 606, also known as 2nd Lieutenant Richard Collins, III’s Law.[1]  Under this bill, Maryland’s hate crime statute no longer requires prosecutors to prove that hate or bias was the “sole” motivating factor for the crime.[2]  The language in the new law is broad enough to encompass cases where hate is a motivating factor of the crime, even in cases where there was more than one motive.[3]

The law was named for Lieutenant Collins, who was a student at Bowie State University and an ROTC candidate.[4]  Lieutenant Collins was standing on a bus stop at the University of Maryland, College Park with two others – one Caucasian and one Asian.[5]  They were approached by Sean Urbanski who looked past the other two and stabbed Lieutenant Collins to death on May 20, 2017.[6]

Prior to October 1, 2020, prosecutors in Maryland were required to prove that hate was the sole motivating factor for the crime in order to get a conviction under Maryland’s hate crime statute.[7]  While Urbanski was convicted of first-degree murder, the judge ruled there was insufficient evidence to convict him of a hate crime.[8]  This holding was in spite of the facts that Urbanski had recently downloaded racist and white supremacy pictures, stored these photos along photos of his friends and family, and was a member of a group called “The Alt Reich: Nation” which promoted violence against African Americans.[9]  This, however, was not enough  and instead the judge dismissed the hate-crime charge.[10]

With the anti-discrimination legislation in effect prior to October 1, 2020, there were zero hate-crime convictions in Maryland in 2019, despite the presence of 21 active radical groups here that “spew hatred in Maryland”.[11]   When House Bill 917/Senate Bill 606, also known as 2nd Lieutenant Richard Collins, III’s Law, went into effect on October 1, a clear message was sent to Maryland citizens that violent bigotry will no longer be tolerated here and that hate crimes will be punished.  This new hate-crime legislation will ensure that anyone who commits a hate crime will be prosecuted to the fullest extent of the law.

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Renee Boyd is a third-year student at the University of Baltimore School of Law and a Staff Editor for Law Forum.  Renee received a Bachelor of Science degree from Towson University and a Master of Business Administration degree from Loyola University.  She works full-time in the Orphans’ Court of Baltimore County where she oversees the Mediation program and provides legal support to the three probate court judges.  Renee will graduate in May 2021 and hopes to work in the area of Trusts and Estate law.

[1] S.B. 606, 441st Gen. Assemb., Reg Sess. (Md. 2020).

[2] Neal Augenstein, Lawmakers Tweak Maryland Hate Crime Statute, Drop Requirement of Hate as Sole Motive, WTOP (Mar. 18, 2020), https://wtop.com/maryland/2020/03/lawmakers-tweak-maryland-hate-crime-statute-drop-requirement-of-hate-as-sole-motive/.

[3] Id.

[4] Capital News Service, Lt. Collins Law One of Several Going into Effect Oct. 1 in Maryland, WTOP (Sept. 30, 2020), https://wtop.com/maryland/2020/09/lt-collins-law-one-of-several-going-into-effect-oct-1/.

[5] Aisha N. Braveboy, Maryland Needs Zero Tolerance – Not Zero Convictions – On Hate Crimes, Wash. Post (Mar. 12, 2020), https://www.washingtonpost.com/local-opinions/maryland-needs-zero-tolerance–not-zero-convictions–on-hate-crimes/2020/03/12/aa539172-6318-11ea-845d-e35b0234b136_story.html.

[6] Id.

[7] Id.

[8] Capital News Service, supra note 4.

[9] Braveboy, supra note 5.

[10] Id.

[11] Id.