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<division heading="Division 4. Discrimination Through Intimidation">
  <section heading="Sec. 27-22. Discrimination through intimidation.">
    <paragraph indent="1">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.</paragraph>
  </section>
  <section heading="Sec. 27-23. Parental liability.">
    <paragraph indent="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.</paragraph>
    <paragraph indent="1">(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.</paragraph>
  </section>
  <section heading="Sec. 27-24. Alternative service; anti-hate/violence fund.">
    <paragraph indent="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.</paragraph>
    <paragraph indent="1">(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.</paragraph>
  </section>
  <section heading="Sec. 27-25. Reliance on prior judicial decisions.">
    <paragraph indent="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.</paragraph>
  </section>
  <section heading="Sec. 27-26. Partnership Fund for victims of hate/violence.">
    <paragraph indent="1">(a)   Fund established.</paragraph>
    <paragraph indent="2">(1)   There is a Partnership Fund for victims of hate/violence.</paragraph>
    <paragraph indent="2">(2)   The Fund is created to compensate victims of hate/violence for personal injury and property damage caused by the hate/violence incident.</paragraph>
    <paragraph indent="2">(3)   The Commission on Human Rights must define what conduct is an act of hate/violence.</paragraph>
    <paragraph indent="2">(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.</paragraph>
    <paragraph indent="1">(b)   Contributions.</paragraph>
    <paragraph indent="2">(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.</paragraph>
    <paragraph indent="2">(2)   The County must contribute $25,000 per year to the Fund to the extent that funds are appropriated.</paragraph>
    <paragraph indent="2">(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.</paragraph>
    <paragraph indent="1">(c)    Victim compensation.</paragraph>
    <paragraph indent="2">(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.</paragraph>
    <paragraph indent="2">(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.</paragraph>
    <paragraph indent="2">(3)   A victim of hate/violence may not receive more than $8,000 from the Fund in any 12-month period.</paragraph>
    <paragraph indent="1">(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.</paragraph>
    <paragraph indent="1">(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.</paragraph>
    <paragraph indent="1">(f)    False claims. Any person who makes a false claim under this Section:</paragraph>
    <paragraph indent="2">(1)   commits a Class A violation; and</paragraph>
    <paragraph indent="2">(2)   must reimburse the Fund for any payments received under this Section.</paragraph>
    <paragraph indent="1">(g)    Regulations. The County Executive may adopt regulations to implement this Section under method (2).</paragraph>
  </section>
  <section heading="Sec. 27-26A. Coordination of fair housing activities.">
    <paragraph indent="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:</paragraph>
    <paragraph indent="1">(a)   encourage housing industry participation in activities promoting fair housing, and maintain liaison with industry representatives;</paragraph>
    <paragraph indent="1">(b)   test compliance with housing discrimination laws;</paragraph>
    <paragraph indent="1">(c)   assess information needs, and assure that appropriate County agencies are gathering and analyzing the necessary data to monitor compliance with housing discrimination laws;</paragraph>
    <paragraph indent="1">(d)   Reserved.</paragraph>
    <paragraph indent="1">(e)   maintain a bibliography of information and databases relevant to housing discrimination;</paragraph>
    <paragraph indent="1">(f)   promote education and training to achieve fair housing; and</paragraph>
    <paragraph indent="1">(g)   provide staff support for meetings and activities of the interagency fair housing coordinating group.</paragraph>
  </section>
  <section heading="Sec. 27-26B. Interagency fair housing coordinating group.">
    <paragraph indent="1">(a)    The County Executive must designate an interagency fair housing coordinating group. The purpose of the coordinating group is to facilitate and promote the County's efforts to prevent discrimination in housing.</paragraph>
    <paragraph indent="1">(b)    The County Executive appoints the members of the coordinating group, subject to confirmation by the County Council.  The coordinating group consists of one or more employees of each of the following agencies:</paragraph>
    <paragraph indent="2">(1)   Office of Community Outreach in the Office of the Chief Administrative Officer;</paragraph>
    <paragraph indent="2">(2)   Human Rights Commission;</paragraph>
    <paragraph indent="2">(3)   Housing Opportunities Commission;</paragraph>
    <paragraph indent="2">(4)   Department of Housing and Community Affairs;</paragraph>
    <paragraph indent="2">(5)   Community service centers;</paragraph>
    <paragraph indent="2">(6)   Department of Health and Human Services;</paragraph>
    <paragraph indent="2">(7)   Commission for Women; and</paragraph>
    <paragraph indent="2">(8)   Commission on People with Disabilities.</paragraph>
    <paragraph indent="1">(c)   The Executive also may designate, subject to confirmation by the County Council, one or more members of the Executive's staff, and employees of any other County department or office, to serve on the coordinating group. The Executive must also invite the County Council, the Montgomery County public schools, the Montgomery County Economic Development Corporation, and the Maryland-National Capital Park and Planning Commission to designate one or more staff members to serve as full members of the group.</paragraph>
    <paragraph indent="1">(d)    The Executive must designate a chair of the coordinating group, subject to confirmation by the County Council. The chair or the Executive may call meetings. The group may form its own subcommittees.</paragraph>
    <paragraph indent="1">(e)    Meetings of the coordinating group and its subcommittees are subject to the Maryland Open Meetings law. In order to create a public forum and encourage diverse participation, the Executive must invite representatives of the housing industry and active community groups to participate in meetings. The group must not be governed by Chapter 2 or Chapter 2A.</paragraph>
    <paragraph indent="1">(f)    With staff support from the Fair Housing Coordinator, the coordinating group must submit to the County Council and County Executive an annual report on housing discrimination in the County. This report must:</paragraph>
    <paragraph indent="2">(1)   assess County, State and Federal laws prohibiting discrimination in housing, and evaluate their enforcement in the County;</paragraph>
    <paragraph indent="2">(2)   recommend changes in law, policy, programs or priorities needed to reduce discrimination in housing;</paragraph>
    <paragraph indent="2">(3)   include a work program for the coming year;</paragraph>
    <paragraph indent="2">(4)   include a progress report on the previous year's work program; and</paragraph>
    <paragraph indent="1">(5)   include the views of the Fair Housing Coordinator and any member whose views differ from those of the report.</paragraph>
  </section>
</division>