EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0468*
HOUSE BILL 468
J1 5lr2492
HB 1019/24 – HGO & JUD CF 5lr2562
By: Delegates Alston, Bagnall, Martinez, and Pena–Melnyk
Introduced and read first time: January 20, 2025
Assigned to: Health and Government Operations and Judiciary
A BILL ENTITLED
AN ACT concerning 1
Petitions for Emergency Evaluation 2
FOR the purpose of specifying that a petition for emergency evaluation is effective for a 3
certain period of time; authorizing a court, on a certain motion and for good cause 4
shown, to extend a petition for a certain period of time; requiring a court to include 5
the date the petition expires on the petition; authorizing peace officers to use 6
reasonable and necessary force when executing a petition; and generally relating to 7
petitions for emergency evaluation. 8
BY repealing and reenacting, with amendments, 9
Article – Health – General 10
Section 10–623 and 10–624(a) 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
10–623. 17
(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 18
clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 19
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 20
marriage and family therapist, health officer or designee of a health officer, or peace officer, 21
the petitioner shall present the petition to the court for immediate review. 22
(b) After review of the petition, the court shall endorse the petition if the court 23
finds probable cause to believe that the emergency evaluee has shown the symptoms of a 24 2 HOUSE BILL 468
mental disorder and that the individual presents a danger to the life or safety of the 1
individual or of others. 2
(c) If the court does not find probable cause, the court shall indicate that fact on 3
the petition, and no further action may be taken under the petition. 4
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PETITION 5
SHALL BE EFFECTIVE F OR 5 DAYS AFTER BEING END ORSED BY THE COURT U NDER 6
SUBSECTION (B) OF THIS SECTION. 7
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , ON 8
A MOTION, THE COURT MAY EXTEND THE PETITION FOR GOOD CA USE SHOWN BASED 9
ON THE PRESENTING BE HAVIOR OF THE INDIVI DUAL FOR UP TO 5 DAYS AT A TIME, 10
BUT NOT TO EXCEED A TOTAL OF 30 DAYS. 11
(II) 1. A MOTION UNDER SUBPARA GRAPH (I) OF THIS 12
PARAGRAPH MUST BE MA DE BY THE ORIGINAL P ETITIONER. 13
2. EACH EXTENSION SHALL BE BASED ON A SEPARA TE 14
MOTION. 15
(3) A PETITION ENDORSED OR EXTENDED UNDER THIS SUBSECTION 16
SHALL BE SERVED EXPE DITIOUSLY. 17
(E) THE COURT SHALL INCLU DE ON THE PETITION T HE DATE THE PETITION 18
EXPIRES. 19
10–624. 20
(a) (1) A peace officer shall take an emergency evaluee to the nearest 21
emergency facility if the peace officer has a petition under Part IV of this subtitle that: 22
(i) 1. Has been endorsed by a court [within the last 5 days]; AND 23
2. IS IN EFFECT; or 24
(ii) Is signed and submitted by a physician, psychologist, clinical 25
social worker, licensed clinical professional counselor, clinical nurse specialist in 26
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 27
marriage and family therapist, health officer or designee of a health officer, or peace officer. 28
(2) The petition required under paragraph (1) of this subsection may be: 29
(i) In the form of an electronic record; and 30
(ii) Transmitted and received electronically. 31 HOUSE BILL 468 3
(3) A PEACE OFFICER MAY US E FORCE IN ACCORDANC E WITH § 3–524 1
OF THE PUBLIC SAFETY ARTICLE WHEN EXECUTING A PET ITION. 2
[(3)] (4) To the extent practicable, a peace officer shall notify the 3
emergency facility in advance that the peace officer is bringing an emergency evaluee to 4
the emergency facility. 5
[(4)] (5) After a peace officer brings the emergency evaluee to an 6
emergency facility, the peace officer need not stay unless, because the emergency evaluee 7
is violent, emergency facility personnel ask the supervisor of the peace officer to have the 8
peace officer stay. 9
[(5)] (6) A peace officer shall stay until the supervisor responds to the 10
request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 11
peace officer to stay. 12
[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 13
physician shall examine the emergency evaluee as promptly as possible. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2025. 16