MD
Maryland House Bill HB745

Maryland 2024 Regular Session

Maryland House Bill HB745 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 *hb0745*
96
107 HOUSE BILL 745
118 D4 4lr3148
129 CF SB 743
13-By: Delegates Shetty, Bartlett, Kaufman, and Simpson Simpson, Crutchfield,
14-Arikan, Grammer, Valentine, and Williams
10+By: Delegates Shetty, Bartlett, Kaufman, and Simpson
1511 Introduced and read first time: January 31, 2024
1612 Assigned to: Judiciary
17-Committee Report: Favorable with amendments
18-House action: Adopted
19-Read second time: March 7, 2024
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
25-Family Law – Protective Orders – Crimes of Violence and Stalking and 2
26-Permanent Protective Orders 3
18+Family Law – Protective Orders – Crimes of Violence and Stalking 2
2719
28-FOR the purpose of adding stalking to the list of offenses for which a certain individual 4
29-may petition for a protective order expanding the definition of “person eligible for 5
30-relief” under the domestic violence statutes to include an individual who alleges that 6
31-the respondent committed stalking under certain circumstances; altering certain 7
32-provisions of law relating to the issuance of a permanent protective order; and 8
33-generally relating to protective orders. 9
20+FOR the purpose of adding stalking to the list of offenses for which a certain individual 3
21+may petition for a protective order; altering certain provisions of law relating to the 4
22+issuance of a permanent protective order; and generally relating to protective orders. 5
3423
35-BY repealing and reenacting, with amendments, 10
36- Article – Family Law 11
37-Section 4–501(m) 12
38- Annotated Code of Maryland 13
39- (2019 Replacement Volume and 2023 Supplement) 14
24+BY repealing and reenacting, with amendments, 6
25+ Article – Family Law 7
26+Section 4–501(m) 8
27+ Annotated Code of Maryland 9
28+ (2019 Replacement Volume and 2023 Supplement) 10
4029
41-BY repealing 15
42- Article – Family Law 16
43- Section 4–506(k) 17
44- Annotated Code of Maryland 18
45- (2019 Replacement Volume and 2023 Supplement) 19
30+BY repealing 11
31+ Article – Family Law 12
32+ Section 4–506(k) 13
33+ Annotated Code of Maryland 14
34+ (2019 Replacement Volume and 2023 Supplement) 15
4635
47-BY adding to 20
48- Article – Family Law 21 2 HOUSE BILL 745
36+BY adding to 16
37+ Article – Family Law 17
38+ Section 4–506(k) 18
39+ Annotated Code of Maryland 19
40+ (2019 Replacement Volume and 2023 Supplement) 20
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43+That the Laws of Maryland read as follows: 22
44+
45+Article – Family Law 23
46+
47+4–501. 24
48+ 2 HOUSE BILL 745
4949
5050
51- Section 4–506(k) 1
52- Annotated Code of Maryland 2
53- (2019 Replacement Volume and 2023 Supplement) 3
51+ (m) “Person eligible for relief” includes: 1
5452
55- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56-That the Laws of Maryland read as follows: 5
53+ (1) the current or former spouse of the respondent; 2
5754
58-Article – Family Law 6
55+ (2) a cohabitant of the respondent; 3
5956
60-4–501. 7
57+ (3) a person related to the respondent by blood, marriage, or adoption; 4
6158
62- (m) “Person eligible for relief” includes: 8
59+ (4) a parent, stepparent, child, or stepchild of the respondent or the person 5
60+eligible for relief who resides or resided with the respondent or person eligible for relief for 6
61+at least 90 days within 1 year before the filing of the petition; 7
6362
64- (1) the current or former spouse of the respondent; 9
63+ (5) a vulnerable adult; 8
6564
66- (2) a cohabitant of the respondent; 10
65+ (6) an individual who has a child in common with the respondent; 9
6766
68- (3) a person related to the respondent by blood, marriage, or adoption; 11
67+ (7) an individual who has had a sexual relationship with the respondent 10
68+within 1 year before the filing of the petition; and 11
6969
70- (4) a parent, stepparent, child, or stepchild of the respondent or the person 12
71-eligible for relief who resides or resided with the respondent or person eligible for relief for 13
72-at least 90 days within 1 year before the filing of the petition; 14
70+ (8) an individual who alleges that the respondent committed, within 6 12
71+months before the filing of the petition, any of the following acts against the individual: 13
7372
74- (5) a vulnerable adult; 15
73+ (i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 14
74+3–308 of the Criminal Law Article; [or] 15
7575
76- (6) an individual who has a child in common with the respondent; 16
76+ (ii) attempted rape or sexual offense in any degree; OR 16
7777
78- (7) an individual who has had a sexual relationship with the respondent 17
79-within 1 year before the filing of the petition; and 18
78+ (III) STALKING UNDE R § 3–802 OF THE CRIMINAL LAW ARTICLE. 17
8079
81- (8) an individual who alleges that the respondent committed, within 6 19
82-months before the filing of the petition, any of the following acts against the individual: 20
80+4–506. 18
8381
84- (i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 21
85-3–308 of the Criminal Law Article; [or] 22
82+ [(k) (1) Notwithstanding any other provision of this section, the court shall 19
83+issue a permanent protective order under this subsection against an individual if: 20
8684
87- (ii) attempted rape or sexual offense in any degree; OR 23
85+ (i) an interim, temporary, or final protective order has been issued 21
86+under this subtitle against the individual; 22
8887
89- (III) STALKING UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE. 24
88+ (ii) 1. the individual was convicted and sentenced to serve a term 23
89+of imprisonment of at least 5 years for the act of abuse that led to the issuance of the 24
90+interim, temporary, or final protective order and the individual has served at least 12 25
91+months of the sentence; or 26
9092
91-4–506. 25
92-
93- [(k) (1) Notwithstanding any other provision of this section, the court shall 26
94-issue a permanent protective order under this subsection against an individual if: 27
95-
96- (i) an interim, temporary, or final protective order has been issued 28
97-under this subtitle against the individual; 29 HOUSE BILL 745 3
93+ 2. A. during the term of the interim, temporary, or final 27
94+protective order, the individual committed an act of abuse against the person eligible for 28
95+relief; and 29
96+ HOUSE BILL 745 3
9897
9998
99+ B. the individual was convicted and sentenced to serve a term 1
100+of imprisonment of at least 5 years for the act and has served at least 12 months of the 2
101+sentence; and 3
100102
101- (ii) 1. the individual was convicted and sentenced to serve a term 1
102-of imprisonment of at least 5 years for the act of abuse that led to the issuance of the 2
103-interim, temporary, or final protective order and the individual has served at least 12 3
104-months of the sentence; or 4
103+ (iii) the victim of the act of abuse described in item (ii)1 or 2 of this 4
104+paragraph, who was the person eligible for relief in the interim, temporary, or final 5
105+protective order, requests the issuance of a permanent protective order under this 6
106+subsection. 7
105107
106- 2. A. during the term of the interim, temporary, or final 5
107-protective order, the individual committed an act of abuse against the person eligible for 6
108-relief; and 7
108+ (2) In a permanent protective order issued under this subsection, the court 8
109+may grant only the relief that was granted in the original protective order under § 9
110+4–504.1(c)(1) or (2) or § 4–505(a)(2)(i) or (ii) of this subtitle or subsection (d)(1) or (2) of this 10
111+section. 11
109112
110- B. the individual was convicted and sentenced to serve a term 8
111-of imprisonment of at least 5 years for the act and has served at least 12 months of the 9
112-sentence; and 10
113+ (3) Unless terminated at the request of the victim, a protective order issued 12
114+under this subsection shall be permanent.] 13
113115
114- (iii) the victim of the act of abuse described in item (ii)1 or 2 of this 11
115-paragraph, who was the person eligible for relief in the interim, temporary, or final 12
116-protective order, requests the issuance of a permanent protective order under this 13
117-subsection. 14
116+ (K) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , 14
117+THE COURT SHALL ISSUE A PERMANENT PROTECTI VE ORDER UNDER THIS 15
118+SUBSECTION AGAINST AN INDIVIDUA L IF: 16
118119
119- (2) In a permanent protective order issued under this subsection, the court 15
120-may grant only the relief that was granted in the original protective order under § 16
121-4–504.1(c)(1) or (2) or § 4–505(a)(2)(i) or (ii) of this subtitle or subsection (d)(1) or (2) of this 17
122-section. 18
120+ (I) AN INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER 17
121+HAS BEEN ISSUED UNDE R THIS SUBTITLE AGAINS T THE INDIVIDUAL ; 18
123122
124- (3) Unless terminated at the request of the victim, a protective order issued 19
125-under this subsection shall be permanent.] 20
123+ (II) THE INDIVIDUAL WAS CONVICTED OF EITHER A CRIME OF 19
124+VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, OR STALKING 20
125+UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE FOR THE ACT OF ABUSE THAT LED 21
126+TO THE ISSUANCE OF THE INTE RIM, TEMPORARY , OR FINAL PROTECTIVE ORDER; 22
127+AND 23
126128
127- (K) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, 21
128-THE COURT SHALL ISSU E A PERMANENT PROTECTIVE ORDER UND ER THIS 22
129-SUBSECTION AGAINST A N INDIVIDUAL IF: 23
129+ (III) THE VICTIM OF THE AC T OF ABUSE DESCRIBED IN ITEM (II) 24
130+OF THIS PARAGRAPH , WHO WAS THE PERSON E LIGIBLE FOR RELIEF I N THE INTERIM, 25
131+TEMPORARY , OR FINAL PROTECTIVE ORDER, REQUESTS ISSU ANCE OF A PERMANENT 26
132+PROTECTIVE ORDER . 27
130133
131- (I) AN INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER 24
132-HAS BEEN ISSUED UNDE R THIS SUBTITLE AGAI NST THE INDIVIDUAL ; 25
134+ (2) IN A PERMANENT PROTEC TIVE ORDER ISSUED UN DER THIS 28
135+SUBSECTION, THE COURT MAY GRANT ONLY THE RELIEF THAT WAS GRANTED IN THE 29
136+ORIGINAL PROTECTIVE ORDER UNDER § 4–504.1(C)(1) OR (2) OR § 4–505(A)(2)(I) 30
137+OR (II) OF THIS SUBTITLE OR SUB SECTION (D)(1) OR (2) OF THIS SECTION. 31
133138
134- (II) THE INDIVIDUAL WAS C ONVICTED OF EITHER A CRIME OF 26
135-VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, OR STALKING 27
136-UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE FOR THE ACT O F ABUSE THAT LED 28
137-TO THE ISSUANCE OF T HE INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER 29
138-FOR AN ACT OF ABUSE AGAINST THE PERSON E LIGIBLE FOR RELIEF; AND 30
139+ (3) UNLESS TERMINATED AT THE REQUEST OF THE V ICTIM, A 32
140+PROTECTIVE ORDER ISS UED UNDER THIS SUBSE CTION SHALL BE PERMA NENT. 33
139141
140- (III) THE VICTIM OF THE AC T OF ABUSE DESCRIBED IN ITEM (II) 31
141-OF THIS PARAGRAPH , WHO WAS THE PERSON E LIGIBLE FOR RELIEF I N THE INTERIM, 32
142-TEMPORARY , OR FINAL PROTECTIVE ORDER, REQUESTS ISSUANCE OF A PERMANENT 33
143-PROTECTIVE ORDER . 34
144- 4 HOUSE BILL 745
145-
146-
147- (2) IN A PERMA NENT PROTECTIVE ORDE R ISSUED UNDER THIS 1
148-SUBSECTION, THE COURT MAY GRANT ONLY THE RELIEF THAT WAS GRANTED IN THE 2
149-ORIGINAL PROTECTIVE ORDER UNDER § 4–504.1(C)(1) OR (2) OR § 4–505(A)(2)(I) 3
150-OR (II) OF THIS SUBTITLE OR SUBSECTION (D)(1) OR (2) OF THIS SECTION. 4
151-
152- (3) UNLESS TERMINATED AT THE REQUEST OF THE V ICTIM, A 5
153-PROTECTIVE ORDER ISS UED UNDER THIS SUBSE CTION SHALL BE PERMA NENT. 6
154-
155- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
156-October 1, 2024. 8
157-
158-
159-
160-
161-Approved:
162-________________________________________________________________________________
163- Governor.
164-________________________________________________________________________________
165- Speaker of the House of Delegates.
166-________________________________________________________________________________
167- President of the Senate.
142+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
143+October 1, 2024. 35