MD
Maryland Senate Bill SB905

Maryland 2024 Regular Session

Maryland Senate Bill SB905 Compare Versions

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1- WES MOORE, Governor Ch. 929
21
3-– 1 –
4-Chapter 929
5-(Senate Bill 905)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0905*
810
9-Public Safety – Extreme Risk Protective Orders – Review of Court Records
11+SENATE BILL 905
12+E4 (4lr2529)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senators Kelly, Lam, Hettleman, Beidle, Waldstreicher, Gile, and
16+Elfreth
1017
11-FOR the purpose of authorizing researchers affiliated with certain institutions of higher
12-education who are conducting academic or policy research to review a court record
13-related to a petition for an extreme risk protective order; requiring the Maryland
14-Judiciary to require an institution of higher education that has researchers
15-reviewing certain court records to enter into an agreement that provides for the
16-storage and handling of the records; establishing certain penalties; and generally
17-relating to extreme risk protective orders.
18+Read and Examined by Proofreaders:
1819
19-BY repealing and reenacting, with amendments,
20- Article – Public Safety
21-Section 5–602
22- Annotated Code of Maryland
23- (2022 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2424
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
25+Sealed with the Great Seal and presented to the Governor, for his approval this
2726
28-Article – Public Safety
27+_______ day of _______________ at ________________________ o’clock, ________M.
2928
30-5–602.
29+______________________________________________
30+President.
3131
32- (a) (1) A petition for an extreme risk protective order shall:
32+CHAPTER ______
3333
34- (i) be signed and sworn to by the petitioner under the penalty of
35-perjury;
34+AN ACT concerning 1
3635
37- (ii) include any information known to the petitioner that the
38-respondent poses an immediate and present danger of causing personal injury to the
39-respondent, the petitioner, or another by possessing a firearm;
36+Public Safety – Extreme Risk Protective Orders – Review of Court Records 2
4037
41- (iii) set forth specific facts in support of the information described in
42-item (ii) of this paragraph;
38+FOR the purpose of authorizing researchers affiliated with certain institutions of higher 3
39+education who are conducting academic or policy research to review a court record 4
40+related to a petition for an extreme risk protective order; requiring the Maryland 5
41+Judiciary to require an institution of higher education that has researchers 6
42+reviewing certain court records to enter into an agreement that provides for the 7
43+storage and handling of the records; establishing certain penalties; and generally 8
44+relating to extreme risk protective orders. 9
4345
44- (iv) explain the basis for the petitioner’s knowledge of the supporting
45-facts, including a description of the behavior and statements of the respondent or any other
46-information that led the petitioner to believe that the respondent presents an immediate
47-and present danger of causing personal injury to the respondent or others;
48- Ch. 929 2024 LAWS OF MARYLAND
46+BY repealing and reenacting, with amendments, 10
47+ Article – Public Safety 11
48+Section 5–602 12
49+ Annotated Code of Maryland 13 2 SENATE BILL 905
4950
50-– 2 –
51- (v) describe the number, types, and location of any known firearms
52-believed to be possessed by the respondent; and
5351
54- (vi) include any supporting documents or information regarding:
52+ (2022 Replacement Volume and 2023 Supplement) 1
5553
56- 1. any unlawful, reckless, or negligent use, display, storage,
57-possession, or brandishing of a firearm by the respondent;
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
55+That the Laws of Maryland read as follows: 3
5856
59- 2. any act or threat of violence the respondent made against
60-the respondent or against another, whether or not the threat of violence involved a firearm;
57+Article – Public Safety 4
6158
62- 3. any violation by the respondent of a protective order under
63-Title 4, Subtitle 5 of the Family Law Article;
59+5–602. 5
6460
65- 4. any violation by the respondent of a peace order under
66-Title 3, Subtitle 15 of the Courts Article; and
61+ (a) (1) A petition for an extreme risk protective order shall: 6
6762
68- 5. any abuse of a controlled dangerous substance or alcohol
69-by the respondent, including any conviction for a criminal offense involving a controlled
70-dangerous substance or alcohol.
63+ (i) be signed and sworn to by the petitioner under the penalty of 7
64+perjury; 8
7165
72- (2) A petition for an extreme risk protective order may include, to the
73-extent disclosure is not otherwise prohibited, health records or other health information
74-concerning the respondent.
66+ (ii) include any information known to the petitioner that the 9
67+respondent poses an immediate and present danger of causing personal injury to the 10
68+respondent, the petitioner, or another by possessing a firearm; 11
7569
76- (b) A petitioner seeking an extreme risk protective order under this subtitle may
77-file a petition with:
70+ (iii) set forth specific facts in support of the information described in 12
71+item (ii) of this paragraph; 13
7872
79- (1) the District Court; or
73+ (iv) explain the basis for the petitioner’s knowledge of the supporting 14
74+facts, including a description of the behavior and statements of the respondent or any other 15
75+information that led the petitioner to believe that the respondent presents an immediate 16
76+and present danger of causing personal injury to the respondent or others; 17
8077
81- (2) when the Office of the District Court Clerk is closed, a District Court
82-commissioner.
78+ (v) describe the number, types, and location of any known firearms 18
79+believed to be possessed by the respondent; and 19
8380
84- (c) (1) All court records relating to a petition for an extreme risk protective
85-order made under this subtitle are confidential and the contents may not be divulged, by
86-subpoena or otherwise, except by order of the court on good cause shown.
81+ (vi) include any supporting documents or information regarding: 20
8782
88- (2) This subsection does not prohibit review of a court record relating to a
89-petition by:
83+ 1. any unlawful, reckless, or negligent use, display, storage, 21
84+possession, or brandishing of a firearm by the respondent; 22
9085
91- (i) personnel of the court;
86+ 2. any act or threat of violence the respondent made against 23
87+the respondent or against another, whether or not the threat of violence involved a firearm; 24
9288
93- (ii) the respondent or counsel for the respondent;
89+ 3. any violation by the respondent of a protective order under 25
90+Title 4, Subtitle 5 of the Family Law Article; 26
9491
95- (iii) authorized personnel of the Maryland Department of Health;
96- WES MOORE, Governor Ch. 929
92+ 4. any violation by the respondent of a peace order under 27
93+Title 3, Subtitle 15 of the Courts Article; and 28
9794
98-– 3 –
99- (iv) authorized personnel of a local core service agency or local
100-behavioral health authority;
95+ 5. any abuse of a controlled dangerous substance or alcohol 29
96+by the respondent, including any conviction for a criminal offense involving a controlled 30
97+dangerous substance or alcohol. 31
98+ SENATE BILL 905 3
10199
102- (v) a law enforcement agency; [or]
103100
104- (vi) a person authorized by a court order on good cause shown; OR
101+ (2) A petition for an extreme risk protective order may include, to the 1
102+extent disclosure is not otherwise prohibited, health records or other health information 2
103+concerning the respondent. 3
105104
106- (VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER
107-EDUCATION THAT HAVE ENTERED IN TO AN AGREEMENT WITH THE MARYLAND
108-JUDICIARY PROVIDING F OR THE CO NFIDENTIALITY OF THE RECORD IN
109-ACCORDANCE WITH SUBS ECTION (D) OF THIS SECTION CONDUCTING RELATED
110-ACADEMIC OR POLICY R ESEARCH.
105+ (b) A petitioner seeking an extreme risk protective order under this subtitle may 4
106+file a petition with: 5
111107
112- (D) (1) THE MARYLAND JUDICIARY SHALL REQUI RE AN INSTITUTION OF
113-HIGHER EDUCATION THA T HAS RESEARCHERS RE VIEWING COURT RECORD S
114-RELATING TO EXTREME RIS K PROTECTIVE ORDERS TO ENTER INTO AN AGR EEMENT
115-THAT PROVIDES FOR TH E STORAGE AND HANDLI NG OF THE RECORDS .
108+ (1) the District Court; or 6
116109
117- (2) THE AGREEMENT SHALL P ROVIDE THAT:
110+ (2) when the Office of the District Court Clerk is closed, a District Court 7
111+commissioner. 8
118112
119- (I) EACH RECORD RELATING TO AN EXTREME RISK
120-PROTECTIVE ORDER SHA LL REMAIN IN THE CUS TODY OF THE INSTITUT ION OF
121-HIGHER EDUCATION REC EIVING THE RECORD ;
113+ (c) (1) All court records relating to a petition for an extreme risk protective 9
114+order made under this subtitle are confidential and the contents may not be divulged, by 10
115+subpoena or otherwise, except by order of the court on good cause shown. 11
122116
123- (II) EACH RECORD RELATING TO AN EXTREME RISK
124-PROTECTIVE ORDER MAY BE USED ONLY FOR THE RESEARCH AND STUDY F OR WHICH
125-IT WAS ASSEMBLED OR OBTAINED; AND
117+ (2) This subsection does not prohibit review of a court record relating to a 12
118+petition by: 13
126119
127- (III) A PERSON MAY NOT DIS CLOSE A RECORD RELATING TO AN
128-EXTREME RISK PROTECT IVE ORDER TO ANY PER SON WHO IS NOT ENGAG ED IN THE
129-RESEARCH OR STUDY PR OJECT.
120+ (i) personnel of the court; 14
130121
131- (3) THE AGREEMENT UNDER T HIS SUBSECTION MAY N OT APPLY TO
132-OR RESTRICT THE USE OR PUBLICATION OF AN Y STATISTICS, INFORMATION , OR
133-OTHER MATERIAL THAT SUMM ARIZES OR REFERS TO RECORDS IN THE AGGRE GATE,
134-WITHOUT DISCLOSING T HE IDENTITY OF ANY P ERSON WHO IS THE SUB JECT OF THE
135-RECORD.
122+ (ii) the respondent or counsel for the respondent; 15
136123
137- (4) THE MARYLAND JUDICIARY, ON ITS OWN MOTION , MAY
138-INSTITUTE AN INJUNCT ION AND ANY OTHER AP PROPRIATE REMEDY:
124+ (iii) authorized personnel of the Maryland Department of Health; 16
139125
140- (I) FOR A VIOLATION OF T HE AGREEMENT UNDER T HIS
141-SUBSECTION; AND
142- Ch. 929 2024 LAWS OF MARYLAND
126+ (iv) authorized personnel of a local core service agency or local 17
127+behavioral health authority; 18
143128
144-– 4 –
145- (II) TO PREVENT THE UNAUT HORIZED DISCLOSURE O F A
146-RECORD RELATING TO A N EXTREME RISK PROTE CTIVE ORDER BY ANY P ERSON.
129+ (v) a law enforcement agency; [or] 19
147130
148- (d) (E) A petitioner who, in good faith, files a petition under this subtitle is not
149-civilly or criminally liable for filing the petition.
131+ (vi) a person authorized by a court order on good cause shown; OR 20
150132
151- (e) (F) Nothing in this subtitle may be interpreted to require a health care
152-provider to disclose health records or other health information concerning a respondent
153-except:
133+ (VII) RESEARCHERS AFFILIAT ED WITH INSTITUTIONS OF HIGHER 21
134+EDUCATION THAT HAVE ENTERED IN TO AN AGREEMENT WITH THE MARYLAND 22
135+JUDICIARY PROVIDING F OR THE CONFIDE NTIALITY OF THE RECO RD IN 23
136+ACCORDANCE WITH SUBS ECTION (D) OF THIS SECTION CONDUCTING RELATED 24
137+ACADEMIC OR POLICY R ESEARCH. 25
154138
155- (1) in accordance with a subpoena directing delivery of the records or
156-information to the court under seal; or
139+ (D) (1) THE MARYLAND JUDICIARY SHALL REQUI RE AN INSTITUTION OF 26
140+HIGHER EDUCATION THA T HAS RESEARCHERS RE VIEWING COURT RECORD S 27
141+RELATING TO EXTREME RISK PROT ECTIVE ORDERS TO ENT ER INTO AN AGREEMENT 28
142+THAT PROVIDES FOR TH E STORAGE AND HANDLI NG OF THE RECORDS . 29
157143
158- (2) by order of the court.
144+ (2) THE AGREEMENT SHALL P ROVIDE THAT: 30
145+ 4 SENATE BILL 905
159146
160- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
161-October 1, 2024.
162147
163-Approved by the Governor, May 16, 2024.
148+ (I) EACH RECORD RELATING TO AN EXTREME RISK 1
149+PROTECTIVE ORDER SHA LL REMAIN IN THE CUS TODY OF THE INSTITUT ION OF 2
150+HIGHER EDUCATION REC EIVING THE RECORD ; 3
151+
152+ (II) EACH RECORD RELATING TO AN EXTREME RISK 4
153+PROTECTIVE ORDER MAY BE USED ONLY FOR THE RESEARCH AND STUDY FOR WHICH 5
154+IT WAS ASSEMBLED OR OBTAINED; AND 6
155+
156+ (III) A PERSON MAY NOT DIS CLOSE A RECORD RELAT ING TO AN 7
157+EXTREME RISK PROTECT IVE ORDER TO ANY PER SON WHO IS NOT ENGAG ED IN THE 8
158+RESEARCH OR STUDY PR OJECT. 9
159+
160+ (3) THE AGREEMENT UNDER T HIS SUBSECTION MAY N OT APPLY TO 10
161+OR RESTRICT THE USE OR PUBLICATION OF AN Y STATISTICS, INFORMATION , OR 11
162+OTHER MATERIAL THAT SUMMARIZES OR REFERS TO RECORDS IN THE AG GREGATE, 12
163+WITHOUT DISCLOSING T HE IDENTITY OF ANY P ERSON WHO IS THE SUB JECT OF THE 13
164+RECORD. 14
165+
166+ (4) THE MARYLAND JUDICIARY, ON ITS OWN MOTION , MAY 15
167+INSTITUTE AN INJUNCT ION AND ANY OTHER AP PROPRIATE REMEDY : 16
168+
169+ (I) FOR A VIOLATION OF T HE AGREEMENT UNDER T HIS 17
170+SUBSECTION; AND 18
171+
172+ (II) TO PREVENT THE UNAUT HORIZED DISCLOSURE O F A 19
173+RECORD RELATING TO A N EXTREME RISK PROTE CTIVE ORDER BY ANY PERSON . 20
174+
175+ (d) (E) A petitioner who, in good faith, files a petition under this subtitle is not 21
176+civilly or criminally liable for filing the petition. 22
177+
178+ (e) (F) Nothing in this subtitle may be interpreted to require a health care 23
179+provider to disclose health records or other health information concerning a respondent 24
180+except: 25
181+
182+ (1) in accordance with a subpoena directing delivery of the records or 26
183+information to the court under seal; or 27
184+
185+ (2) by order of the court. 28
186+
187+ SECTION 2. AND BE IT FURTHER EN ACTED, That this Act shall take effect 29
188+October 1, 2024. 30