Maryland 2024 Regular Session

Maryland House Bill HB978 Latest Draft

Bill / Engrossed Version Filed 03/14/2024

                             
 
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.