DOMESTIC VIOLENCE LEGISLATION FINAL REPORT ♦ 2009 Maryland Legislative Agenda

The following summary of the proposed domestic violence legislation has been compiled from various sources, including the Maryland General Assembly, as well as Maryland Network Against Domestic Violence.   The list is organized in numerical order and the results of passage are noted for each.

• Domestic Violence – Attorney Fees

HB213 ▪ Delegates Simmons, Dumais, Lee, McComas, and Waldstreicher

Would have allowed the judge who issues final protective order to include a provision requiring the respondent to pay petitioner’s reasonable  attorney fees.

Outcome: Failed.

• Family Law – Protective Orders – Surrender of Firearms

HB 296/SB 267
HB 296 sponsored by the Speaker (By Request – Administration) and Delegate Barnes, et al
SB 268 sponsored by the President, (By Request – Administration) and Senator Brochin, et al

Makes it mandatory, rather than discretionary, for a final protective order to order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the duration of the protective order.    A violation would be a misdemeanor.

Outcome: Passed House and Senate; expected to be signed by the Governor

• Family Law – Temporary Protective Orders – Surrender of Firearms

HB 302/SB 268
HB 302 sponsored by the Speaker (By Request – Administration) and Delegate Barnes, et al
SB 267 sponsored by the President (By Request – Administration) and Senator Forehand, et al

Authorizes a judge entering a temporary protective order to order a respondent to surrender to law enforcement authorities any firearm in the person’s possession for the duration of the order if the abuse by the respondent consisted of the use or a threat to use a firearm. against the petitioner or serious bodily harm or a threat to cause of serious bodily harm to the petitioner.    A violation would be a misdemeanor.

Outcome: Passed House and Senate; expected to be signed by the Governor

• Domestic Violence – Temporary Protective Orders – Extension

HB 98/SB 601 ▪ Delegate Simmons, et al; Senator Zirkin

Increases the period of time from 30 days to 6 months for a judge to extend a temporary protective order to enable the order to be served.

Outcome: Passed the House and Senate; expected to be signed by the Governor

• Domestic Violence – Temporary Protective Order – Custody of Minor Child

HB 464/SB 714 ▪ Delegate Dumais; Senator Forehand

Authorizes a judge or a District Court Commissioner to order a law enforcement officer, when awarding temporary custody of a child to the petitioner under an interim or temporary protective order, to use all reasonable and necessary force to return a minor child to the custodial parent after the protective order is served.

Outcome: Passed the House and Senate; expected to be signed by the Governor

• Family Law – Child Custody Determinations

HB 717/SB 740 ▪ Delegate Dumais; Senator Raskin

Provides for court determination of legal and physical custody of minor children.  Gives primary consideration to the “best interest of the child,” including the consideration of certain factors and the prohibition of other factors.  Authorizes the court to modify a custody order or agreement under certain circumstances.

Outcome:  Bills died in House Judiciary and Senate Judicial Proceedings Committees

• Domestic Violence – Cruelty Toward a Pet or Service Animal

HB 901/SB 736 ▪ Delegate McComas, et al; Senator Raskin, et al.

Authorizes a District Court Commissioner or a judge to order a respondent to stay away from or refrain from cruelty toward a pet or service animal.

Outcome: SB 736 passed the Senate; HB 901 died in the House Judiciary Committee

• Criminal Procedure – Warrantless Arrest – Violation of Protective Order

HB 901/SB 736 ▪ Delegate Barnes; Senator Gladden

Clarifying that a police officer is authorized to make a warrant less arrest of a person who the officer has   probable cause to believe is in violation of an interim, temporary, or final protective order.

Outcome: Bills died in House Judiciary and Senate Judicial Proceedings Committees

• Domestic Violence – Duration of Protection Order – Subsequent Act of Abuse

HB 971/SB 811 ▪ Delegate Ivey, et al; Senator Muse

Extends the maximum duration of a final protective order from one year to two years if the court issues a final protective order against a respondent for an act of abuse committed within one year after a prior final protective order expires.  Prior Order must be on behalf of the same victim and the order was in effect for at least six (6) months.

Outcome: Passed the House and Senate; expected to be signed by the Governor.

• Alcoholic Beverage Tax – Increase and Distribution of Funds

HB 1160 ▪ Delegate Gutierrez, et al.

Increase tax rates for alcoholic beverages to provide funding for services from the Developmental Disabilities Administration and for victims of domestic violence, sexual assault, and sexual or physical child abuse.

Outcome: Bill died in House Ways and Means Committee

• Domestic Violence – Protective Orders – Notification of Service

HB 1196 ▪ Delegate Ramirez, et al.

Requires the Department of Public Safety and Correctional Services to notify a petitioner of the service of an interim, temporary or final protective order.

Outcome: Passed House and Senate with amendments; expected to be signed by the Governor

• Criminal Procedure – Domestic Violence – Lethality Assessment and Global Positioning Satellite Tracking

HB 1247/SB 801 ▪ Delegate Shank, et al; Senator Forehand, et al.

Requires a court in a county that implements a global positioning satellite (GPS) tracking system to require a defendant who violated a protective order to undergo a lethality assessment evaluation as a condition of pre-trial release and be supervised by active electronic monitoring as a condition of bail.

Outcome: HB 1247 withdrawn by the sponsor; SB 801 died in Senate Judicial Proceedings Committee

• Criminal Procedure – Transfer of Sexual Assault Crisis Program Funding and the Domestic Violence Program Funding to the Governor’s Office of Crime Control and Prevention

HB 1445 ▪ Chair, Judiciary Committee (By Request – Department of Human Resources)

Transfers domestic violence and sexual assault funding from DHR to GOCCP.

Outcome: HB 1445 withdrawn by the sponsor

• Peace Orders and Protective Orders – Service of Process on Nonresidents

SB 532 ▪ Senator Zirkin

Requires a District Court Commissioner, at the option of the petitioner, to forward a copy of a protective or peace order to a private process server for service on the respondent.

Outcome: Bill died in Senate Judicial Proceedings Committee

• Public Safety – Handgun Permits – Victims of Domestic Violence

HB 359 ▪ Delegate McConkey, et al; Senators Mooney and Muse

Would expedite handgun permits for victims of domestic violence when a temporary or final protective order has been issued.

Outcome: Failed on 3rd Reader in the House

• Denial or Dismissal of Domestic Violence Petitions – Expungement of Records

HB 1181/SB 467 ▪ Delegate Simmons; Senators Stone and Miller

Would authorize a respondent in an interim, temporary or final protective order proceeding to request that court records be expunged when an order is denied or dismissed.

Outcome: HB 1181 failed on 3rd Reader in the House; recommitted to House Judiciary Committee; SB 467 died in Senate Judicial Proceedings Committee

• Domestic Violence Awareness – ‘Tween/Teen Dating Violence Education and Awareness

HB 845/SB 1049 ▪ Delegate Carter, et al.; Senator Muse

Would require the State Board of Education to develop and implement in the public schools a program to educate students about dating violence, including education on services provided, and require the Governor to proclaim the second week in October “Statewide Tween/Teen Dating Violence Education and Awareness Week.”

Outcome: HB 845 passed the House but died in the Senate Rules Committee.  SB 1049 was substantially amended in the Senate Judicial Proceedings Committee and passed the Senate and House; expected to be signed by the Governor.

• Offensive Contact

HB 1315  ▪ Delegates Ramirez, Anderson, Barnes, Bobo, Levi, Rosenberg, Schuler, Smigiel, and Valderrama

Prohibits a person from intentionally causing or attempting to cause or putting an adult in fear of a minor offensive physical contact of a nonsexual nature.

Outcome: Bill died in House Judiciary Committee

Related posts:

1. New Maryland Domestic Violence Laws Signed Today by Governor
2. Domestic Violence: Legal Steps in Obtaining a Maryland Protective Order
3. Domestic Violence: What Can the Judge Order?
4. Domestic Violence Billboards: Idea! – Maryland Insurance Companies Should Sponsor
5. Domestic Violence: Excellent Seven Part Series in Frederick Post