EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0978* HOUSE BILL 978 D1 4lr2871 By: Delegates Young, Acevero, Conaway, Pasteur, and Taylor Taylor, Phillips, and Williams Introduced and read first time: February 2, 2024 Assigned to: Judiciary Committee Report: Favorable with amendments House action: Adopted Read second time: March 3, 2024 CHAPTER ______ AN ACT concerning 1 Courts – Maryland Court Text Message System – Establishing, Implementing, 2 and Maintaining Maryland Judicial Public Text Messaging System – Report 3 FOR the purpose of establishing the Maryland Court Text Message System; requiring the 4 Administrative Office of the Courts to establish, implement, and maintain the 5 System; requiring the System to be made available to certain individuals; requiring 6 an individual to opt in to receive text messages through the System; requiring the 7 court to send out certain messages through the System; requiring the court to adhere 8 to certain privacy and data protection and security standards; requiring the Office 9 to submit a certain implementation plan to the General Assembly on or before a 10 certain date; and generally relating to the Maryland Court Text Message System 11 requiring the Administrative Office of the Courts to provide an annual report to the 12 General Assembly containing certain information on the Maryland Judicial Public 13 Text Messaging System; and generally relating to the Maryland Judicial Public Text 14 Messaging System. 15 BY adding to 16 Article – Courts and Judicial Proceedings 17 Section 14–101 through 14–105 to be under the new title “Title 14. Maryland Court 18 Text Message System” 19 Annotated Code of Maryland 20 (2020 Replacement Volume and 2023 Supplement) 21 BY adding to 22 2 HOUSE BILL 978 Article – Courts and Judicial Proceedings 1 Section 13–103 2 Annotated Code of Maryland 3 (2020 Replacement Volume and 2023 Supplement) 4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 That the Laws of Maryland read as follows: 6 Article – Courts and Judicial Proceedings 7 TITLE 14. MARYLAND COURT TEXT MESSAGE SYSTEM. 8 14–101. 9 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 10 INDICATED. 11 (B) “COURT” MEANS THE SUPREME COURT OF MARYLAND, THE 12 APPELLATE COURT OF MARYLAND, A CIRCUIT COURT OF A COUNTY, THE DISTRICT 13 COURT OF MARYLAND, AN ORPHANS’ COURT OF A COUNTY , OR THE MARYLAND TAX 14 COURT. 15 (C) “OFFICE” MEANS THE ADMINISTRATIVE OFFICE OF THE COURTS. 16 (D) “SYSTEM” MEANS THE MARYLAND COURT TEXT MESSAGE SYSTEM. 17 14–102. 18 (A) THERE IS A MARYLAND COURT TEXT MESSAGE SYSTEM. 19 (B) THE ADMINISTRATIVE OFFICE OF THE COURTS: 20 (1) SHALL ESTABLISH , IMPLEMENT, AND MAINTAIN THE SYSTEM; 21 AND 22 (2) MAY ADOPT RULES GOVER NING THE IMPLEMENTAT ION AND 23 OPERATION OF THE SYSTEM, INCLUDING THE FUNDIN G FOR THE SYSTEM. 24 (C) THE PURPOSE OF THE SYSTEM IS TO SEND TEX T MESSAGES WITH 25 IMPORTANT COURT –RELATED APPOINTMENTS , PROCEEDINGS , AND 26 ANNOUNCEMENTS TO IND IVIDUALS WHO HAVE OP TED IN TO RECEIVE TH E TEXT 27 MESSAGES. 28 14–103. 29 HOUSE BILL 978 3 (A) (1) THE SYSTEM SHALL BE MADE AVAILABLE TO ALL IND IVIDUALS 1 WITH PENDING COURT DATES , INCLUDING: 2 (I) DEFENDANTS; 3 (II) PLAINTIFFS; 4 (III) WITNESSES; 5 (IV) JURORS; AND 6 (V) ANY OTHER INDIVIDUALS REQUIRED TO APPEAR I N COURT. 7 (2) AN INDIVIDUAL MUST OP T IN TO RECEIVE TEXT MESSAGES 8 THROUGH THE SYSTEM. 9 (B) (1) THE COURT SHALL SEND OUT THE TEXT MESSAGE S THROUGH THE 10 SYSTEM TO ALL INDIVID UALS WHO HAVE OPTED IN TO RECEIVE THE TE XT 11 MESSAGES. 12 (2) THE TEXT MESSAGES REQ UIRED UNDER PARAGRAP H (1) OF THIS 13 SUBSECTION SHALL INC LUDE: 14 (I) COURT DATES FOR CRIMI NAL, CIVIL, AND FAMILY LAW 15 PROCEEDINGS ; 16 (II) JURY DUTY SUMMONSES A ND INSTRUCTIONS ; 17 (III) SCHEDULED APPOINTMENT S WITH COURT OFFICIA LS OR 18 MANDATORY COURT –ORDERED PROGRAMS ; 19 (IV) DEADLINES FOR THE SUB MISSION OF LEGAL DOC UMENTS 20 OR PAYMENTS ; AND 21 (V) ANY OTHER ANNOUNCEMEN TS AND REMINDERS THE COURT 22 DEEMS APPROPRIATE AN D NECESSARY. 23 (C) THE COURT SHALL ADHER E TO ALL PRIVACY AND DATA PROTECTION 24 SECURITY STANDARDS , INCLUDING BY: 25 (1) ENSURING ALL PERSONAL INFORMATION COLLECTE D UNDER 26 THIS TITLE IS USED EXCLUSIVELY FOR THE PURPOSE OF THIS TITL E; AND 27 4 HOUSE BILL 978 (2) KEEPING ALL IDENTIFYI NG INFORMATION ABOUT AN INDIVIDUAL 1 WHO OPTED IN TO JOIN THE SYSTEM CONFIDENTIAL U NLESS THE INDIVIDUAL 2 CONSENTS TO SHARE TH E INFORMATION WITH A THIRD PARTY. 3 14–104. 4 (A) ON OR BEFORE DECEMBER 1, 2024, THE OFFICE SHALL SUBMIT T O THE 5 GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 6 ARTICLE, A DETAILED IMPLEMENT ATION PLAN FOR THE SYSTEM, INCLUDING: 7 (1) BUDGET REQUIREMENTS ; 8 (2) STAFFING NEEDS ; 9 (3) TECHNOLO GY INFRASTRUCTURE CA PABILITIES; AND 10 (4) ANY OTHER INFORMATION THE OFFICE DEEMS NECESSAR Y AND 11 APPROPRIATE . 12 (B) ON OR BEFORE DECEMBER 1, 2027, AND ON OR BEFORE DECEMBER 1 13 EACH YEAR THEREAFTER , THE OFFICE SHALL REPORT T O THE GENERAL 14 ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 15 ON: 16 (1) THE EFFECTIVENESS OF THE SYSTEM, INCLUDING: 17 (I) WHETHER THE SYSTEM REDUCES THE 18 FAILURE–TO–APPEAR RATES AND NO –SHOW RATES IN COURT ; AND 19 (II) THE IMPACT OF THE SYSTEM ON JURY DUTY A TTENDANCE ; 20 (2) THE SYSTEM’S IMPACT ON THE EFFI CIENCY OF COURT 21 PROCEEDINGS ; AND 22 (3) BEGINNING IN FISCAL Y EAR 2026, AND EACH FISCAL YEAR 23 THEREAFTER , ANY IMPROVEMENTS THA T SHOULD BE MADE TO THE SYSTEM. 24 14–105. 25 BEGINNING IN FISCAL Y EAR 2026, AND EACH FISCAL YEAR THEREAFTER , THE 26 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 27 $500,000 FOR THE OFFICE TO ESTABLISH , IMPLEMENT, AND MAINTAIN THE 28 SYSTEM. 29 HOUSE BILL 978 5 13–103. 1 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 2 INDICATED. 3 (2) “MARYLAND JUDICIAL PUBLIC TEXT MESSAGING SYSTEM” 4 MEANS TEXT NOTIFICAT ION ABOUT COURT EVEN TS AND RELATED CASE 5 INFORMATION PERMANEN TLY AUTHORIZED UNDER THE ADMINISTRATIVE ORDER 6 OF THE CHIEF JUSTICE OF THE SUPREME COURT OF MARYLAND ON APRIL 22, 7 2020. 8 (3) “SYSTEM” MEANS THE MARYLAND JUDICIAL PUBLIC TEXT 9 MESSAGING SYSTEM. 10 (B) BEGINNING DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER , 11 THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL REPORT T O THE GENERAL 12 ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 13 ON THE MARYLAND JUDICIAL PUBLIC TEXT MESSAGING SYSTEM. 14 (C) THE REPORT SHALL INCL UDE THE FOLLOWING IN FORMATION ON THE 15 SYSTEM FOR THE PRIOR FISCAL YEAR: 16 (1) THE NUMBER OF INDIVID UALS WHO REQUESTED NOTIFICATI ON 17 UNDER THE SYSTEM; 18 (2) THE NUMBER OF INDIVID UALS WHO DECLINED TO RECEIVE 19 NOTIFICATION; 20 (3) THE TOTAL NUMBER OF N OTIFICATIONS SENT RE GARDING 21 PROCEEDINGS ; 22 (4) THE NUMBER OF NOTIFIC ATIONS SENT AT LEAST 7 DAYS BEFORE 23 A PROCEEDING ; 24 (5) THE NUMBER OF NOTIFIC ATIONS SENT 6 OR FEWER DAYS BEFORE 25 A PROCEEDING AND THE NUMBER OF THOSE NOTI FICATIONS SENT AT LE AST 1 DAY 26 BEFORE A PROCEEDING ; 27 (6) THE NUMBER OF NOTIFIC ATIONS THAT FAILED T O DELIVER; 28 (7) THE NUMBER OF REQUEST S BY PARTICIPANTS FO R ASSISTANCE; 29 AND 30 6 HOUSE BILL 978 (8) THE RATE OF FAILURE T O APPEAR BY PARTICIP ANTS IN THE 1 SYSTEM COMPARED WITH THAT OF INDIVIDUALS DECLINING PARTICIPAT ION IN THE 2 SYSTEM. 3 (D) IN ADDITION TO INFORM ATION REQUIRED UNDER SUBSECTION (C) OF 4 THIS SECTION, THE REPORT SHALL INC LUDE A REVIEW OF ANY FUTURE PLANS FOR 5 DEVELOPMENT , EXPANSION, AND IMPLEMENTATION O F THE SYSTEM. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7 1, 2024. 8 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.