WES MOORE, Governor Ch. 929
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Chapter 929
(Senate Bill 905)
AN ACT concerning
Public Safety – Extreme Risk Protective Orders – Review of Court Records
FOR the purpose of authorizing researchers affiliated with certain institutions of higher
education who are conducting academic or policy research to review a court record
related to a petition for an extreme risk protective order; requiring the Maryland
Judiciary to require an institution of higher education that has researchers
reviewing certain court records to enter into an agreement that provides for the
storage and handling of the records; establishing certain penalties; and generally
relating to extreme risk protective orders.
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 5–602
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
5–602.
(a) (1) A petition for an extreme risk protective order shall:
(i) be signed and sworn to by the petitioner under the penalty of
perjury;
(ii) include any information known to the petitioner that the
respondent poses an immediate and present danger of causing personal injury to the
respondent, the petitioner, or another by possessing a firearm;
(iii) set forth specific facts in support of the information described in
item (ii) of this paragraph;
(iv) explain the basis for the petitioner’s knowledge of the supporting
facts, including a description of the behavior and statements of the respondent or any other
information that led the petitioner to believe that the respondent presents an immediate
and present danger of causing personal injury to the respondent or others;
Ch. 929 2024 LAWS OF MARYLAND
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(v) describe the number, types, and location of any known firearms
believed to be possessed by the respondent; and
(vi) include any supporting documents or information regarding:
1. any unlawful, reckless, or negligent use, display, storage,
possession, or brandishing of a firearm by the respondent;
2. any act or threat of violence the respondent made against
the respondent or against another, whether or not the threat of violence involved a firearm;
3. any violation by the respondent of a protective order under
Title 4, Subtitle 5 of the Family Law Article;
4. any violation by the respondent of a peace order under
Title 3, Subtitle 15 of the Courts Article; and
5. any abuse of a controlled dangerous substance or alcohol
by the respondent, including any conviction for a criminal offense involving a controlled
dangerous substance or alcohol.
(2) A petition for an extreme risk protective order may include, to the
extent disclosure is not otherwise prohibited, health records or other health information
concerning the respondent.
(b) A petitioner seeking an extreme risk protective order under this subtitle may
file a petition with:
(1) the District Court; or
(2) when the Office of the District Court Clerk is closed, a District Court
commissioner.
(c) (1) All court records relating to a petition for an extreme risk protective
order made under this subtitle are confidential and the contents may not be divulged, by
subpoena or otherwise, except by order of the court on good cause shown.
(2) This subsection does not prohibit review of a court record relating to a
petition by:
(i) personnel of the court;
(ii) the respondent or counsel for the respondent;
(iii) authorized personnel of the Maryland Department of Health;
WES MOORE, Governor Ch. 929
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(iv) authorized personnel of a local core service agency or local
behavioral health authority;
(v) a law enforcement agency; [or]
(vi) a person authorized by a court order on good cause shown; OR
(VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER
EDUCATION THAT HAVE ENTERED IN TO AN AGREEMENT WITH THE MARYLAND
JUDICIARY PROVIDING F OR THE CO NFIDENTIALITY OF THE RECORD IN
ACCORDANCE WITH SUBS ECTION (D) OF THIS SECTION CONDUCTING RELATED
ACADEMIC OR POLICY R ESEARCH.
(D) (1) THE MARYLAND JUDICIARY SHALL REQUI RE AN INSTITUTION OF
HIGHER EDUCATION THA T HAS RESEARCHERS RE VIEWING COURT RECORD S
RELATING TO EXTREME RIS K PROTECTIVE ORDERS TO ENTER INTO AN AGR EEMENT
THAT PROVIDES FOR TH E STORAGE AND HANDLI NG OF THE RECORDS .
(2) THE AGREEMENT SHALL P ROVIDE THAT:
(I) EACH RECORD RELATING TO AN EXTREME RISK
PROTECTIVE ORDER SHA LL REMAIN IN THE CUS TODY OF THE INSTITUT ION OF
HIGHER EDUCATION REC EIVING THE RECORD ;
(II) EACH RECORD RELATING TO AN EXTREME RISK
PROTECTIVE ORDER MAY BE USED ONLY FOR THE RESEARCH AND STUDY F OR WHICH
IT WAS ASSEMBLED OR OBTAINED; AND
(III) A PERSON MAY NOT DIS CLOSE A RECORD RELATING TO AN
EXTREME RISK PROTECT IVE ORDER TO ANY PER SON WHO IS NOT ENGAG ED IN THE
RESEARCH OR STUDY PR OJECT.
(3) THE AGREEMENT UNDER T HIS SUBSECTION MAY N OT APPLY TO
OR RESTRICT THE USE OR PUBLICATION OF AN Y STATISTICS, INFORMATION , OR
OTHER MATERIAL THAT SUMM ARIZES OR REFERS TO RECORDS IN THE AGGRE GATE,
WITHOUT DISCLOSING T HE IDENTITY OF ANY P ERSON WHO IS THE SUB JECT OF THE
RECORD.
(4) THE MARYLAND JUDICIARY, ON ITS OWN MOTION , MAY
INSTITUTE AN INJUNCT ION AND ANY OTHER AP PROPRIATE REMEDY:
(I) FOR A VIOLATION OF T HE AGREEMENT UNDER T HIS
SUBSECTION; AND
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(II) TO PREVENT THE UNAUT HORIZED DISCLOSURE O F A
RECORD RELATING TO A N EXTREME RISK PROTE CTIVE ORDER BY ANY P ERSON.
(d) (E) A petitioner who, in good faith, files a petition under this subtitle is not
civilly or criminally liable for filing the petition.
(e) (F) Nothing in this subtitle may be interpreted to require a health care
provider to disclose health records or other health information concerning a respondent
except:
(1) in accordance with a subpoena directing delivery of the records or
information to the court under seal; or
(2) by order of the court.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.