Maryland 2024 Regular Session

Maryland Senate Bill SB743 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0743
6	6
7	7	SENATE BILL 743
8	8	D4 4lr3149
9	9	CF HB 745
10	10	By: Senator Waldstreicher
11	11	Introduced and read first time: January 31, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Family Law – Protective Orders – Crimes of Violence and Stalking 2
19	19
20	20	FOR the purpose of adding stalking to the list of offenses for which a certain individual 3
21	21	may petition for a protective order; altering certain provisions of law relating to the 4
22	22	issuance of a permanent protective order; and generally relating to protective orders. 5
23	23
24	24	BY repealing and reenacting, with amendments, 6
25	25	Article – Family Law 7
26	26	Section 4–501(m) 8
27	27	Annotated Code of Maryland 9
28	28	(2019 Replacement Volume and 2023 Supplement) 10
29	29
30	30	BY repealing 11
31	31	Article – Family Law 12
32	32	Section 4–506(k) 13
33	33	Annotated Code of Maryland 14
34	34	(2019 Replacement Volume and 2023 Supplement) 15
35	35
36	36	BY adding to 16
37	37	Article – Family Law 17
38	38	Section 4–506(k) 18
39	39	Annotated Code of Maryland 19
40	40	(2019 Replacement Volume and 2023 Supplement) 20
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43	43	That the Laws of Maryland read as follows: 22
44	44
45	45	Article – Family Law 23
46	46
47	47	4–501. 24
48	48	2 SENATE BILL 743
49	49
50	50
51	51	(m) “Person eligible for relief” includes: 1
52	52
53	53	(1) the current or former spouse of the respondent; 2
54	54
55	55	(2) a cohabitant of the respondent; 3
56	56
57	57	(3) a person related to the respondent by blood, marriage, or adoption; 4
58	58
59	59	(4) a parent, stepparent, child, or stepchild of the respondent or the person 5
60	60	eligible for relief who resides or resided with the respondent or person eligible for relief for 6
61	61	at least 90 days within 1 year before the filing of the petition; 7
62	62
63	63	(5) a vulnerable adult; 8
64	64
65	65	(6) an individual who has a child in common with the respondent; 9
66	66
67	67	(7) an individual who has had a sexual relationship with the respondent 10
68	68	within 1 year before the filing of the petition; and 11
69	69
70	70	(8) an individual who alleges that the respondent committed, within 6 12
71	71	months before the filing of the petition, any of the following acts against the individual: 13
72	72
73	73	(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 14
74	74	3–308 of the Criminal Law Article; [or] 15
75	75
76	76	(ii) attempted rape or sexual offense in any degree; OR 16
77	77
78	78	(III) STALKING UNDE R § 3–802 OF THE CRIMINAL LAW ARTICLE. 17
79	79
80	80	4–506. 18
81	81
82	82	[(k) (1) Notwithstanding any other provision of this section, the court shall 19
83	83	issue a permanent protective order under this subsection against an individual if: 20
84	84
85	85	(i) an interim, temporary, or final protective order has been issued 21
86	86	under this subtitle against the individual; 22
87	87
88	88	(ii) 1. the individual was convicted and sentenced to serve a term 23
89	89	of imprisonment of at least 5 years for the act of abuse that led to the issuance of the 24
90	90	interim, temporary, or final protective order and the individual has served at least 12 25
91	91	months of the sentence; or 26
92	92
93	93	2. A. during the term of the interim, temporary, or final 27
94	94	protective order, the individual committed an act of abuse against the person eligible for 28
95	95	relief; and 29
96	96	SENATE BILL 743 3
97	97
98	98
99	99	B. the individual was convicted and sentenced to serve a term 1
100	100	of imprisonment of at least 5 years for the act and has served at least 12 months of the 2
101	101	sentence; and 3
102	102
103	103	(iii) the victim of the act of abuse described in item (ii)1 or 2 of this 4
104	104	paragraph, who was the person eligible for relief in the interim, temporary, or final 5
105	105	protective order, requests the issuance of a permanent protective order under this 6
106	106	subsection. 7
107	107
108	108	(2) In a permanent protective order issued under this subsection, the court 8
109	109	may grant only the relief that was granted in the original protective order under § 9
110	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	111	section. 11
112	112
113	113	(3) Unless terminated at the request of the victim, a protective order issued 12
114	114	under this subsection shall be permanent.] 13
115	115
116	116	(K) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SE CTION, 14
117	117	THE COURT SHALL ISSU E A PERMANENT PROTEC TIVE ORDER UNDER THI S 15
118	118	SUBSECTION AGAINST A N INDIVIDUAL IF: 16
119	119
120	120	(I) AN INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER 17
121	121	HAS BEEN ISSUED UNDE R THIS SUBTITLE AGAI NST THE INDIVIDUAL; 18
122	122
123	123	(II) THE INDIVIDUAL WAS C ONVICTED OF EITHER A CRIME OF 19
124	124	VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, OR STALKING 20
125	125	UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE FOR THE ACT O F ABUSE THAT LED 21
126	126	TO THE ISSUANCE OF T HE INTERIM, TEMPORARY , OR FINAL PROTECTIVE ORDER; 22
127	127	AND 23
128	128
129	129	(III) THE VICTIM OF THE AC T OF ABUSE DESCRIBED IN ITEM (II) 24
130	130	OF THIS PARAGRAPH , WHO WAS THE PERSON E LIGIBLE FOR RELIEF I N THE INTERIM, 25
131	131	TEMPORARY , OR FINAL PROTECTIVE ORDER, REQUESTS ISSUANCE OF A PERMANENT 26
132	132	PROTECTIVE ORDER . 27
133	133
134	134	(2) IN A PERMANENT PROTEC TIVE ORDER ISSUED UN DER THIS 28
135	135	SUBSECTION, THE COURT MAY GRANT ONLY THE RELIEF THAT WAS GRANTED IN THE 29
136	136	ORIGINAL PROTECTIVE ORDER UNDER § 4–504.1(C)(1) OR (2) OR § 4–505(A)(2)(I) 30
137	137	OR (II) OF THIS SUBTITLE OR SUBSECTION (D)(1) OR (2) OF THIS SECTION. 31
138	138
139	139	(3) UNLESS TERMINATED AT THE REQUEST OF THE V ICTIM, A 32
140	140	PROTECTIVE ORDER ISS UED UNDER THIS SUBSE CTION SHALL BE PERMA NENT. 33
141	141
142	142	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
143	143	October 1, 2024. 35