Maryland 2024 Regular Session

Maryland House Bill HB1019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1019
9	6
10	7		HOUSE BILL 1019
11	8		J1 4lr1686
12	9
13	10		By: Delegates Alston, Bagnall, Fennell, S. Johnson, J. Long, Martinez, M. Morgan,
14		-	Taveras, and Woods Woods, Pena–Melnyk, Cullison, Bhandari, Chisholm,
15		-	Guzzone, Hill, Hutchinson, Kaiser, Kipke, Lopez, Reilly, Rosenberg, Szeliga,
16		-	and White Holland
	11	+	Taveras, and Woods
17	12		Introduced and read first time: February 5, 2024
18	13		Assigned to: Health and Government Operations and Judiciary
19		-	Committee Report: Favorable with amendments
20		-	House action: Adopted
21		-	Read second time: March 10, 2024
22	14
23		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
24	16
25	17		AN ACT concerning 1
26	18
27	19		Mental Health Law – Petitions for Emergency Evaluation 2
28	20
29	21		FOR the purpose of specifying that a petition for emergency evaluation is effective for a 3
30		-	certain period of time; authorizing a court, on a certain motion and for good cause 4
31		-	shown, to extend a petition for a certain period of time; requiring a court to include 5
32		-	the date the petition expires on the petition; authorizing peace officers to use 6
33		-	reasonable and necessary force when executing a petition; and generally relating to 7
34		-	petitions for emergency evaluation. 8
	22	+	certain period of time; authorizing a court, for good cause shown, to extend a petition 4
	23	+	for a certain period of time; authorizing peace officers to use reasonable and 5
	24	+	necessary force when executing a petition; and generally relating to petitions for 6
	25	+	emergency evaluation. 7
35	26
36		-	BY repealing and reenacting, with amendments, 9
37		-	Article – Health – General 10
38		-	Section 10–623 and 10–624(a) 11
39		-	Annotated Code of Maryland 12
40		-	(2023 Replacement Volume) 13
	27	+	BY repealing and reenacting, with amendments, 8
	28	+	Article – Health – General 9
	29	+	Section 10–623 and 10–624(a) 10
	30	+	Annotated Code of Maryland 11
	31	+	(2023 Replacement Volume) 12
41	32
42		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
43		-	That the Laws of Maryland read as follows: 15
	33	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	34	+	That the Laws of Maryland read as follows: 14
44	35
45		-	Article – Health – General 16
	36	+	Article – Health – General 15
46	37
47		-	10–623. 17
48		-	2 HOUSE BILL 1019
	38	+	10–623. 16
	39	+
	40	+	(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 17
	41	+	clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 18
	42	+	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 19
	43	+	marriage and family therapist, health officer or designee of a health officer, or peace officer, 20
	44	+	the petitioner shall present the petition to the court for immediate review. 21
	45	+
	46	+	(b) After review of the petition, the court shall endorse the petition if the court 22
	47	+	finds probable cause to believe that the emergency evaluee has shown the symptoms of a 23 2 HOUSE BILL 1019
49	48
50	49
51		-	(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 1
52		-	clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 2
53		-	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 3
54		-	marriage and family therapist, health officer or designee of a health officer, or peace officer, 4
55		-	the petitioner shall present the petition to the court for immediate review. 5
	50	+	mental disorder and that the individual presents a danger to the life or safety of the 1
	51	+	individual or of others. 2
56	52
57		-	(b) After review of the petition, the court shall endorse the petition if the court 6
58		-	finds probable cause to believe that the emergency evaluee has shown the symptoms of a 7
59		-	mental disorder and that the individual presents a danger to the life or safety of the 8
60		-	individual or of others. 9
	53	+	(c) If the court does not find probable cause, the court shall indicate that fact on 3
	54	+	the petition, and no further action may be taken under the petition. 4
61	55
62		-	(c) If the court does not find probable cause, the court shall indicate that fact on 10
63		-	the petition, and no further action may be taken under the petition. 11
	56	+	(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PETITION 5
	57	+	SHALL BE EFFECTIVE F OR 5 DAYS AFTER BEING ENDORSED BY THE COUR T UNDER 6
	58	+	SUBSECTION (B) OF THIS SECTION. 7
64	59
65		-	(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PETITION 12
66		-	SHALL BE EFFECTIVE F OR 5 DAYS AFTER BEING END ORSED BY THE COURT U NDER 13
67		-	SUBSECTION (B) OF THIS SECTION. 14
	60	+	(2) THE COURT MAY EXTEND THE PETITION FOR GOOD CAUSE SHOWN 8
	61	+	FOR AN ADDITIONAL 5 DAYS. 9
68	62
69		-	(2) (I) THE SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 15
70		-	ON A MOTION, THE COURT MAY EXTEND THE PETITION FOR GOOD CA USE SHOWN 16
71		-	BASED ON THE PRESENT ING BEHAVIOR OF THE INDIVIDUAL FOR AN ADDITIONAL UP 17
72		-	TO 5 DAYS AT A TIME, BUT NOT TO EXCEED A TOTAL OF 30 DAYS. 18
	63	+	10–624. 10
73	64
74		-	(II) 1. A ~~MOTION UNDER SUBPARA GRAPH (I) OF THIS 19~~
75		-	~~PARAGRAPH MUST BE MA DE BY~~ THE ~~ORIGINAL P ETITIONER.~~ 20
	65	+	(a) (1) A peace officer shall take an emergency evaluee to the nearest 11
	66	+	emergency facility if the peace officer has a petition under Part IV of this subtitle that: 12
76	67
77		-	2. EACH EXTENSION SHALL BE BASED ON A SEPARA TE 21
78		-	MOTION. 22
	68	+	(i) 1. Has been endorsed by a court [within the last 5 days]; AND 13
79	69
80		-	(3) A PETITION ENDORSED OR EXTENDED UNDER THI S SUBSECTION 23
81		-	SHALL BE SERVED EXPE DITIOUSLY. 24
	70	+	2. IS IN EFFECT; or 14
82	71
83		-	(E) THE COURT SHALL INCLU DE ON THE PETITION T HE DATE THE PETITION 25
84		-	EXPIRES. 26
	72	+	(ii) Is signed and submitted by a physician, psychologist, clinical 15
	73	+	social worker, licensed clinical professional counselor, clinical nurse specialist in 16
	74	+	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 17
	75	+	marriage and family therapist, health officer or designee of a health officer, or peace officer. 18
85	76
86		-	~~10–624. 27~~
	77	+	(2) The petition required under paragraph (1) of this subsection may be: 19
87	78
88		-	(a) (1) A peace officer shall take an emergency evaluee to the nearest 28
89		-	emergency facility if the peace officer has a petition under Part IV of this subtitle that: 29
	79	+	(i) In the form of an electronic record; and 20
90	80
91		-	(i) ~~1. Has been endorsed by a court [within the last 5 days];~~ AND 30
	81	+	(ii) Transmitted and received electronically. 21
92	82
93		-	2. IS IN EFFECT; or 31
	83	+	(3) A PEACE OFFICER MAY US E REASONABLE AND NECES SARY FORCE 22
	84	+	WHEN EXECUTING A PETITION. 23
94	85
95		-	(ii) Is signed and submitted by a physician, psychologist, clinical 32
96		-	social worker, licensed clinical professional counselor, clinical nurse specialist in 33 HOUSE BILL 1019 3
	86	+	[(3)] (4) To the extent practicable, a peace officer shall notify the 24
	87	+	emergency facility in advance that the peace officer is bringing an emergency evaluee to 25
	88	+	the emergency facility. 26
	89	+
	90	+	[(4)] (5) After a peace officer brings the emergency evaluee to an 27
	91	+	emergency facility, the peace officer need not stay unless, because the emergency evaluee 28
	92	+	is violent, emergency facility personnel ask the supervisor of the peace officer to have the 29
	93	+	peace officer stay. 30
	94	+	HOUSE BILL 1019 3
97	95
98	96
99		-	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 1
100		-	marriage and family therapist, health officer or designee of a health officer, or peace officer. 2
	97	+	[(5)] (6) A peace officer shall stay until the supervisor responds to the 1
	98	+	request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 2
	99	+	peace officer to stay. 3
101	100
102		-	(2) The petition required under paragraph (1) of this subsection may be: 3
	101	+	[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 4
	102	+	physician shall examine the emergency evaluee as promptly as possible. 5
103	103
104		-	(i) In the form of an electronic record; and 4
105		-
106		-	(ii) Transmitted and received electronically. 5
107		-
108		-	(3) A PEACE OFFICER MAY US E REASONABLE AND NECES SARY FORCE 6
109		-	IN ACCORDANCE WITH § 3–524 OF THE PUBLIC SAFETY ARTICLE WHEN EXECUTING 7
110		-	A PETITION. 8
111		-
112		-	[(3)] (4) To the extent practicable, a peace officer shall notify the 9
113		-	emergency facility in advance that the peace officer is bringing an emergency evaluee to 10
114		-	the emergency facility. 11
115		-
116		-	[(4)] (5) After a peace officer brings the emergency evaluee to an 12
117		-	emergency facility, the peace officer need not stay unless, because the emergency evaluee 13
118		-	is violent, emergency facility personnel ask the supervisor of the peace officer to have the 14
119		-	peace officer stay. 15
120		-
121		-	[(5)] (6) A peace officer shall stay until the supervisor responds to the 16
122		-	request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 17
123		-	peace officer to stay. 18
124		-
125		-	[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 19
126		-	physician shall examine the emergency evaluee as promptly as possible. 20
127		-
128		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
129		-	October 1, 2024. 22
130		-
131		-
132		-
133		-
134		-	Approved:
135		-	________________________________________________________________________________
136		-	Governor.
137		-	________________________________________________________________________________
138		-	Speaker of the House of Delegates.
139		-	________________________________________________________________________________
140		-	President of the Senate.
	104	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
	105	+	October 1, 2024. 7