EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0743*
SENATE BILL 743
D4 4lr3149
CF HB 745
By: Senator Waldstreicher
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Family Law – Protective Orders – Crimes of Violence and Stalking 2
FOR the purpose of adding stalking to the list of offenses for which a certain individual 3
may petition for a protective order; altering certain provisions of law relating to the 4
issuance of a permanent protective order; and generally relating to protective orders. 5
BY repealing and reenacting, with amendments, 6
Article – Family Law 7
Section 4–501(m) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2023 Supplement) 10
BY repealing 11
Article – Family Law 12
Section 4–506(k) 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Family Law 17
Section 4–506(k) 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Family Law 23
4–501. 24
2 SENATE BILL 743
(m) “Person eligible for relief” includes: 1
(1) the current or former spouse of the respondent; 2
(2) a cohabitant of the respondent; 3
(3) a person related to the respondent by blood, marriage, or adoption; 4
(4) a parent, stepparent, child, or stepchild of the respondent or the person 5
eligible for relief who resides or resided with the respondent or person eligible for relief for 6
at least 90 days within 1 year before the filing of the petition; 7
(5) a vulnerable adult; 8
(6) an individual who has a child in common with the respondent; 9
(7) an individual who has had a sexual relationship with the respondent 10
within 1 year before the filing of the petition; and 11
(8) an individual who alleges that the respondent committed, within 6 12
months before the filing of the petition, any of the following acts against the individual: 13
(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 14
3–308 of the Criminal Law Article; [or] 15
(ii) attempted rape or sexual offense in any degree; OR 16
(III) STALKING UNDE R § 3–802 OF THE CRIMINAL LAW ARTICLE. 17
4–506. 18
[(k) (1) Notwithstanding any other provision of this section, the court shall 19
issue a permanent protective order under this subsection against an individual if: 20
(i) an interim, temporary, or final protective order has been issued 21
under this subtitle against the individual; 22
(ii) 1. the individual was convicted and sentenced to serve a term 23
of imprisonment of at least 5 years for the act of abuse that led to the issuance of the 24
interim, temporary, or final protective order and the individual has served at least 12 25
months of the sentence; or 26
2. A. during the term of the interim, temporary, or final 27
protective order, the individual committed an act of abuse against the person eligible for 28
relief; and 29
SENATE BILL 743 3
B. the individual was convicted and sentenced to serve a term 1
of imprisonment of at least 5 years for the act and has served at least 12 months of the 2
sentence; and 3
(iii) the victim of the act of abuse described in item (ii)1 or 2 of this 4
paragraph, who was the person eligible for relief in the interim, temporary, or final 5
protective order, requests the issuance of a permanent protective order under this 6
subsection. 7
(2) In a permanent protective order issued under this subsection, the court 8
may grant only the relief that was granted in the original protective order under § 9
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
section. 11
(3) Unless terminated at the request of the victim, a protective order issued 12
under this subsection shall be permanent.] 13
(K) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SE CTION, 14
THE COURT SHALL ISSU E A PERMANENT PROTEC TIVE ORDER UNDER THI S 15
SUBSECTION AGAINST A N INDIVIDUAL IF: 16
(I) AN INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER 17
HAS BEEN ISSUED UNDE R THIS SUBTITLE AGAI NST THE INDIVIDUAL; 18
(II) THE INDIVIDUAL WAS C ONVICTED OF EITHER A CRIME OF 19
VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, OR STALKING 20
UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE FOR THE ACT O F ABUSE THAT LED 21
TO THE ISSUANCE OF T HE INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER; 22
AND 23
(III) THE VICTIM OF THE AC T OF ABUSE DESCRIBED IN ITEM (II) 24
OF THIS PARAGRAPH , WHO WAS THE PERSON E LIGIBLE FOR RELIEF I N THE INTERIM, 25
TEMPORARY , OR FINAL PROTECTIVE ORDER, REQUESTS ISSUANCE OF A PERMANENT 26
PROTECTIVE ORDER . 27
(2) IN A PERMANENT PROTEC TIVE ORDER ISSUED UN DER THIS 28
SUBSECTION, THE COURT MAY GRANT ONLY THE RELIEF THAT WAS GRANTED IN THE 29
ORIGINAL PROTECTIVE ORDER UNDER § 4–504.1(C)(1) OR (2) OR § 4–505(A)(2)(I) 30
OR (II) OF THIS SUBTITLE OR SUBSECTION (D)(1) OR (2) OF THIS SECTION. 31
(3) UNLESS TERMINATED AT THE REQUEST OF THE V ICTIM, A 32
PROTECTIVE ORDER ISS UED UNDER THIS SUBSE CTION SHALL BE PERMA NENT. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
October 1, 2024. 35