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.
*sb0905*
SENATE BILL 905
E4 4lr2529
CF HB 1267
By: Senators Kelly, Lam, Hettleman, Beidle, Waldstreicher, Gile, and Elfreth
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: March 4, 2024
CHAPTER ______
AN ACT concerning 1
Public Safety – Extreme Risk Protective Orders – Review of Court Records 2
FOR the purpose of authorizing researchers affiliated with certain institutions of higher 3
education who are conducting academic or policy research to review a court record 4
related to a petition for an extreme risk protective order; requiring the Maryland 5
Judiciary to require an institution of higher education that has researchers 6
reviewing certain court records to enter into an agreement that provides for the 7
storage and handling of the records; establishing certain penalties; and generally 8
relating to extreme risk protective orders. 9
BY repealing and reenacting, with amendments, 10
Article – Public Safety 11
Section 5–602 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Public Safety 17
5–602. 18
(a) (1) A petition for an extreme risk protective order shall: 19
2 SENATE BILL 905
(i) be signed and sworn to by the petitioner under the penalty of 1
perjury; 2
(ii) include any information known to the petitioner that the 3
respondent poses an immediate and present danger of causing personal injury to the 4
respondent, the petitioner, or another by possessing a firearm; 5
(iii) set forth specific facts in support of the information described in 6
item (ii) of this paragraph; 7
(iv) explain the basis for the petitioner’s knowledge of the supporting 8
facts, including a description of the behavior and statements of the respondent or any other 9
information that led the petitioner to believe that the respondent presents an immediate 10
and present danger of causing personal injury to the respondent or others; 11
(v) describe the number, types, and location of any known firearms 12
believed to be possessed by the respondent; and 13
(vi) include any supporting documents or information regarding: 14
1. any unlawful, reckless, or negligent use, display, storage, 15
possession, or brandishing of a firearm by the respondent; 16
2. any act or threat of violence the respondent made against 17
the respondent or against another, whether or not the threat of violence involved a firearm; 18
3. any violation by the respondent of a protective order under 19
Title 4, Subtitle 5 of the Family Law Article; 20
4. any violation by the respondent of a peace order under 21
Title 3, Subtitle 15 of the Courts Article; and 22
5. any abuse of a controlled dangerous substance or alcohol 23
by the respondent, including any conviction for a criminal offense involving a controlled 24
dangerous substance or alcohol. 25
(2) A petition for an extreme risk protective order may include, to the 26
extent disclosure is not otherwise prohibited, health records or other health information 27
concerning the respondent. 28
(b) A petitioner seeking an extreme risk protective order under this subtitle may 29
file a petition with: 30
(1) the District Court; or 31
(2) when the Office of the District Court Clerk is closed, a District Court 32
commissioner. 33 SENATE BILL 905 3
(c) (1) All court records relating to a petition for an extreme risk protective 1
order made under this subtitle are confidential and the contents may not be divulged, by 2
subpoena or otherwise, except by order of the court on good cause shown. 3
(2) This subsection does not prohibit review of a court record relating to a 4
petition by: 5
(i) personnel of the court; 6
(ii) the respondent or counsel for the respondent; 7
(iii) authorized personnel of the Maryland Department of Health; 8
(iv) authorized personnel of a local core service agency or local 9
behavioral health authority; 10
(v) a law enforcement agency; [or] 11
(vi) a person authorized by a court order on good cause shown; OR 12
(VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER 13
EDUCATION THAT HAVE ENTERED IN TO AN AGREEMENT WITH THE MARYLAND 14
JUDICIARY PROVIDING F OR THE CONFIDENTIALITY OF T HE RECORD IN 15
ACCORDANCE WITH SUBS ECTION (D) OF THIS SECTION CONDUCTING RELATED 16
ACADEMIC OR POLICY R ESEARCH. 17
(D) (1) THE MARYLAND JUDICIARY SHALL REQUI RE AN INSTITUTION OF 18
HIGHER EDUCATION THA T HAS RESEARCHERS RE VIEWING COURT RECORD S 19
RELATING TO EXTREME R ISK PROTECTIVE ORDER S TO ENTER INTO AN A GREEMENT 20
THAT PROVIDES FOR TH E STORAGE AND HANDLI NG OF THE RECORDS . 21
(2) THE AGREEMENT SHALL P ROVIDE THAT: 22
(I) EACH RECORD RELATING TO AN EXTREME RISK 23
PROTECTIVE ORDER SHA LL REMAIN IN THE CUS TODY OF THE INSTITUT ION OF 24
HIGHER EDUCATION REC EIVING THE RECORD ; 25
(II) EACH RECORD RELATING TO AN EXTREME RISK 26
PROTECTIVE ORDER MAY BE USED ONLY FOR THE RESEARCH AND STUDY FOR WHICH 27
IT WAS ASSEMBLED OR OBTAINED; AND 28
(III) A PERSON MAY NOT DIS CLOSE A RECORD RELAT ING TO AN 29
EXTREME RISK PROTECT IVE ORDER TO ANY PER SON WHO IS NOT ENGAG ED IN THE 30
RESEARCH OR STUDY PR OJECT. 31 4 SENATE BILL 905
(3) THE AGREEMENT UNDER T HIS SUBSECTION MAY N OT APPLY TO 1
OR RESTRICT THE USE OR PUBLICATION OF AN Y STATISTICS, INFORMATION , OR 2
OTHER MATERIAL THAT SUMMARIZES OR REFERS TO RECORDS IN THE AG GREGATE, 3
WITHOUT DISCLOSING T HE IDENTITY OF ANY P ERSON WHO IS THE SUB JECT OF THE 4
RECORD. 5
(4) THE MARYLAND JUDICIARY, ON ITS OWN MOTION , MAY 6
INSTITUTE AN INJUNCT ION AND ANY OTHER AP PROPRIATE REMEDY : 7
(I) FOR A VIOLATION OF T HE AGREEMENT UNDER T HIS 8
SUBSECTION; AND 9
(II) TO PREVENT THE UNAUT HORIZED DISCLOSURE O F A 10
RECORD RELATING TO A N EXTREME RISK PROTE CTIVE ORDER BY ANY PERSON . 11
(d) (E) A petitioner who, in good faith, files a petition under this subtitle is not 12
civilly or criminally liable for filing the petition. 13
(e) (F) Nothing in this subtitle may be interpreted to require a health care 14
provider to disclose health records or other health information concerning a respondent 15
except: 16
(1) in accordance with a subpoena directing delivery of the records or 17
information to the court under seal; or 18
(2) by order of the court. 19
SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect 20
October 1, 2024. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.