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.
Italics indicate opposite chamber/conference committee amendments.
*sb0905*
SENATE BILL 905
E4 (4lr2529)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senators Kelly, Lam, Hettleman, Beidle, Waldstreicher, Gile, and
Elfreth
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 905
(2022 Replacement Volume and 2023 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Public Safety 4
5–602. 5
(a) (1) A petition for an extreme risk protective order shall: 6
(i) be signed and sworn to by the petitioner under the penalty of 7
perjury; 8
(ii) include any information known to the petitioner that the 9
respondent poses an immediate and present danger of causing personal injury to the 10
respondent, the petitioner, or another by possessing a firearm; 11
(iii) set forth specific facts in support of the information described in 12
item (ii) of this paragraph; 13
(iv) explain the basis for the petitioner’s knowledge of the supporting 14
facts, including a description of the behavior and statements of the respondent or any other 15
information that led the petitioner to believe that the respondent presents an immediate 16
and present danger of causing personal injury to the respondent or others; 17
(v) describe the number, types, and location of any known firearms 18
believed to be possessed by the respondent; and 19
(vi) include any supporting documents or information regarding: 20
1. any unlawful, reckless, or negligent use, display, storage, 21
possession, or brandishing of a firearm by the respondent; 22
2. any act or threat of violence the respondent made against 23
the respondent or against another, whether or not the threat of violence involved a firearm; 24
3. any violation by the respondent of a protective order under 25
Title 4, Subtitle 5 of the Family Law Article; 26
4. any violation by the respondent of a peace order under 27
Title 3, Subtitle 15 of the Courts Article; and 28
5. any abuse of a controlled dangerous substance or alcohol 29
by the respondent, including any conviction for a criminal offense involving a controlled 30
dangerous substance or alcohol. 31
SENATE BILL 905 3
(2) A petition for an extreme risk protective order may include, to the 1
extent disclosure is not otherwise prohibited, health records or other health information 2
concerning the respondent. 3
(b) A petitioner seeking an extreme risk protective order under this subtitle may 4
file a petition with: 5
(1) the District Court; or 6
(2) when the Office of the District Court Clerk is closed, a District Court 7
commissioner. 8
(c) (1) All court records relating to a petition for an extreme risk protective 9
order made under this subtitle are confidential and the contents may not be divulged, by 10
subpoena or otherwise, except by order of the court on good cause shown. 11
(2) This subsection does not prohibit review of a court record relating to a 12
petition by: 13
(i) personnel of the court; 14
(ii) the respondent or counsel for the respondent; 15
(iii) authorized personnel of the Maryland Department of Health; 16
(iv) authorized personnel of a local core service agency or local 17
behavioral health authority; 18
(v) a law enforcement agency; [or] 19
(vi) a person authorized by a court order on good cause shown; OR 20
(VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER 21
EDUCATION THAT HAVE ENTERED IN TO AN AGREEMENT WITH THE MARYLAND 22
JUDICIARY PROVIDING F OR THE CONFIDE NTIALITY OF THE RECO RD IN 23
ACCORDANCE WITH SUBS ECTION (D) OF THIS SECTION CONDUCTING RELATED 24
ACADEMIC OR POLICY R ESEARCH. 25
(D) (1) THE MARYLAND JUDICIARY SHALL REQUI RE AN INSTITUTION OF 26
HIGHER EDUCATION THA T HAS RESEARCHERS RE VIEWING COURT RECORD S 27
RELATING TO EXTREME RISK PROT ECTIVE ORDERS TO ENT ER INTO AN AGREEMENT 28
THAT PROVIDES FOR TH E STORAGE AND HANDLI NG OF THE RECORDS . 29
(2) THE AGREEMENT SHALL P ROVIDE THAT: 30
4 SENATE BILL 905
(I) EACH RECORD RELATING TO AN EXTREME RISK 1
PROTECTIVE ORDER SHA LL REMAIN IN THE CUS TODY OF THE INSTITUT ION OF 2
HIGHER EDUCATION REC EIVING THE RECORD ; 3
(II) EACH RECORD RELATING TO AN EXTREME RISK 4
PROTECTIVE ORDER MAY BE USED ONLY FOR THE RESEARCH AND STUDY FOR WHICH 5
IT WAS ASSEMBLED OR OBTAINED; AND 6
(III) A PERSON MAY NOT DIS CLOSE A RECORD RELAT ING TO AN 7
EXTREME RISK PROTECT IVE ORDER TO ANY PER SON WHO IS NOT ENGAG ED IN THE 8
RESEARCH OR STUDY PR OJECT. 9
(3) THE AGREEMENT UNDER T HIS SUBSECTION MAY N OT APPLY TO 10
OR RESTRICT THE USE OR PUBLICATION OF AN Y STATISTICS, INFORMATION , OR 11
OTHER MATERIAL THAT SUMMARIZES OR REFERS TO RECORDS IN THE AG GREGATE, 12
WITHOUT DISCLOSING T HE IDENTITY OF ANY P ERSON WHO IS THE SUB JECT OF THE 13
RECORD. 14
(4) THE MARYLAND JUDICIARY, ON ITS OWN MOTION , MAY 15
INSTITUTE AN INJUNCT ION AND ANY OTHER AP PROPRIATE REMEDY : 16
(I) FOR A VIOLATION OF T HE AGREEMENT UNDER T HIS 17
SUBSECTION; AND 18
(II) TO PREVENT THE UNAUT HORIZED DISCLOSURE O F A 19
RECORD RELATING TO A N EXTREME RISK PROTE CTIVE ORDER BY ANY PERSON . 20
(d) (E) A petitioner who, in good faith, files a petition under this subtitle is not 21
civilly or criminally liable for filing the petition. 22
(e) (F) Nothing in this subtitle may be interpreted to require a health care 23
provider to disclose health records or other health information concerning a respondent 24
except: 25
(1) in accordance with a subpoena directing delivery of the records or 26
information to the court under seal; or 27
(2) by order of the court. 28
SECTION 2. AND BE IT FURTHER EN ACTED, That this Act shall take effect 29
October 1, 2024. 30