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Maryland House Bill HB1267

Maryland 2024 Regular Session

Maryland House Bill HB1267 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb1267*
96
107 HOUSE BILL 1267
118 E4 4lr2707
129 CF SB 905
1310 By: Delegates R. Lewis, Attar, Edelson, Embry, Fraser–Hidalgo, Kaufman, Lopez,
1411 Palakovich Carr, Pasteur, Phillips, Queen, Smith, Solomon, Stein, and
1512 Young
1613 Introduced and read first time: February 8, 2024
1714 Assigned to: Judiciary
18-Committee Report: Favorable
19-House action: Adopted
20-Read second time: March 3, 2024
2115
22-CHAPTER ______
16+A BILL ENTITLED
2317
2418 AN ACT concerning 1
2519
2620 Public Safety – Extreme Risk Protective Orders – Review of Court Records 2
2721
2822 FOR the purpose of authorizing researchers affiliated with institutions of higher education 3
2923 who are conducting academic or policy research to review a court record related to a 4
3024 petition for an extreme risk protective order; and generally relating to extreme risk 5
3125 protective orders. 6
3226
3327 BY repealing and reenacting, with amendments, 7
3428 Article – Public Safety 8
3529 Section 5–602 9
3630 Annotated Code of Maryland 10
3731 (2022 Replacement Volume and 2023 Supplement) 11
3832
3933 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
4034 That the Laws of Maryland read as follows: 13
4135
4236 Article – Public Safety 14
4337
4438 5–602. 15
4539
4640 (a) (1) A petition for an extreme risk protective order shall: 16
41+
42+ (i) be signed and sworn to by the petitioner under the penalty of 17
43+perjury; 18
44+
45+ (ii) include any information known to the petitioner that the 19
46+respondent poses an immediate and present danger of causing personal injury to the 20
47+respondent, the petitioner, or another by possessing a firearm; 21
4748 2 HOUSE BILL 1267
4849
4950
50- (i) be signed and sworn to by the petitioner under the penalty of 1
51-perjury; 2
51+ (iii) set forth specific facts in support of the information described in 1
52+item (ii) of this paragraph; 2
5253
53- (ii) include any information known to the petitioner that the 3
54-respondent poses an immediate and present danger of causing personal injury to the 4
55-respondent, the petitioner, or another by possessing a firearm; 5
54+ (iv) explain the basis for the petitioner’s knowledge of the supporting 3
55+facts, including a description of the behavior and statements of the respondent or any other 4
56+information that led the petitioner to believe that the respondent presents an immediate 5
57+and present danger of causing personal injury to the respondent or others; 6
5658
57- (iii) set forth specific facts in support of the information described in 6
58-item (ii) of this paragraph; 7
59+ (v) describe the number, types, and location of any known firearms 7
60+believed to be possessed by the respondent; and 8
5961
60- (iv) explain the basis for the petitioner’s knowledge of the supporting 8
61-facts, including a description of the behavior and statements of the respondent or any other 9
62-information that led the petitioner to believe that the respondent presents an immediate 10
63-and present danger of causing personal injury to the respondent or others; 11
62+ (vi) include any supporting documents or information regarding: 9
6463
65- (v) describe the number, types, and location of any known firearms 12
66-believed to be possessed by the respondent; and 13
64+ 1. any unlawful, reckless, or negligent use, display, storage, 10
65+possession, or brandishing of a firearm by the respondent; 11
6766
68- (vi) include any supporting documents or information regarding: 14
67+ 2. any act or threat of violence the respondent made against 12
68+the respondent or against another, whether or not the threat of violence involved a firearm; 13
6969
70- 1. any unlawful, reckless, or negligent use, display, storage, 15
71-possession, or brandishing of a firearm by the respondent; 16
70+ 3. any violation by the respondent of a protective order under 14
71+Title 4, Subtitle 5 of the Family Law Article; 15
7272
73- 2. any act or threat of violence the respondent made against 17
74-the respondent or against another, whether or not the threat of violence involved a firearm; 18
73+ 4. any violation by the respondent of a peace order under 16
74+Title 3, Subtitle 15 of the Courts Article; and 17
7575
76- 3. any violation by the respondent of a protective order under 19
77-Title 4, Subtitle 5 of the Family Law Article; 20
76+ 5. any abuse of a controlled dangerous substance or alcohol 18
77+by the respondent, including any conviction for a criminal offense involving a controlled 19
78+dangerous substance or alcohol. 20
7879
79- 4. any violation by the respondent of a peace order under 21
80-Title 3, Subtitle 15 of the Courts Article; and 22
80+ (2) A petition for an extreme risk protective order may include, to the 21
81+extent disclosure is not otherwise prohibited, health records or other health information 22
82+concerning the respondent. 23
8183
82- 5. any abuse of a controlled dangerous substance or alcohol 23
83-by the respondent, including any conviction for a criminal offense involving a controlled 24
84-dangerous substance or alcohol. 25
84+ (b) A petitioner seeking an extreme risk protective order under this subtitle may 24
85+file a petition with: 25
8586
86- (2) A petition for an extreme risk protective order may include, to the 26
87-extent disclosure is not otherwise prohibited, health records or other health information 27
88-concerning the respondent. 28
87+ (1) the District Court; or 26
8988
90- (b) A petitioner seeking an extreme risk protective order under this subtitle may 29
91-file a petition with: 30
89+ (2) when the Office of the District Court Clerk is closed, a District Court 27
90+commissioner. 28
9291
93- (1) the District Court; or 31
92+ (c) (1) All court records relating to a petition for an extreme risk protective 29
93+order made under this subtitle are confidential and the contents may not be divulged, by 30
94+subpoena or otherwise, except by order of the court on good cause shown. 31
9495
95- (2) when the Office of the District Court Clerk is closed, a District Court 32
96-commissioner. 33 HOUSE BILL 1267 3
96+ (2) This subsection does not prohibit review of a court record relating to a 32
97+petition by: 33 HOUSE BILL 1267 3
9798
9899
99100
100- (c) (1) All court records relating to a petition for an extreme risk protective 1
101-order made under this subtitle are confidential and the contents may not be divulged, by 2
102-subpoena or otherwise, except by order of the court on good cause shown. 3
101+ (i) personnel of the court; 1
103102
104- (2) This subsection does not prohibit review of a court record relating to a 4
105-petition by: 5
103+ (ii) the respondent or counsel for the respondent; 2
106104
107- (i) personnel of the court; 6
105+ (iii) authorized personnel of the Maryland Department of Health; 3
108106
109- (ii) the respondent or counsel for the respondent; 7
107+ (iv) authorized personnel of a local core service agency or local 4
108+behavioral health authority; 5
110109
111- (iii) authorized personnel of the Maryland Department of Health; 8
110+ (v) a law enforcement agency; [or] 6
112111
113- (iv) authorized personnel of a local core service agency or local 9
114-behavioral health authority; 10
112+ (vi) a person authorized by a court order on good cause shown; OR 7
115113
116- (v) a law enforcement agency; [or] 11
114+ (VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER 8
115+EDUCATION CONDUCTING RELATED ACADEMIC OR POLICY RESEARCH . 9
117116
118- (vi) a person authorized by a court order on good cause shown; OR 12
117+ (d) A petitioner who, in good faith, files a petition under this subtitle is not civilly 10
118+or criminally liable for filing the petition. 11
119119
120- (VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER 13
121-EDUCATION CONDUCTING RELATED ACADEMIC OR POLICY RESEARCH . 14
120+ (e) Nothing in this subtitle may be interpreted to require a health care provider 12
121+to disclose health records or other health information concerning a respondent except: 13
122122
123- (d) A petitioner who, in good faith, files a petition under this subtitle is not civilly 15
124-or criminally liable for filing the petition. 16
123+ (1) in accordance with a subpoena directing delivery of the records or 14
124+information to the court under seal; or 15
125125
126- (e) Nothing in this subtitle may be interpreted to require a health care provider 17
127-to disclose health records or other health information concerning a respondent except: 18
126+ (2) by order of the court. 16
128127
129- (1) in accordance with a subpoena directing delivery of the records or 19
130-information to the court under seal; or 20
131-
132- (2) by order of the court. 21
133-
134- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
135-October 1, 2024. 23
128+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
129+October 1, 2024. 18