Maryland 2025 Regular Session

Maryland House Bill HB468 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		hb0468
9	6
10	7		HOUSE BILL 468
11	8		J1 5lr2492
12	9		HB 1019/24 – HGO & JUD CF 5lr2562
13		-	By: Delegates Alston, Bagnall, Martinez, and Pena–Melnyk Pena–Melnyk,
14		-	Cullison, Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson,
15		-	Kaiser, Kerr, Kipke, Lopez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras,
16		-	White Holland, Woods, Woorman, Valentine, Cardin, Toles, Schmidt,
17		-	Simmons, Phillips, Arikan, Conaway, and Williams
	10	+	By: Delegates Alston, Bagnall, Martinez, and Pena–Melnyk
18	11		Introduced and read first time: January 20, 2025
19	12		Assigned to: Health and Government Operations and Judiciary
20		-	Committee Report: Favorable with amendments
21		-	House action: Adopted
22		-	Read second time: February 25, 2025
23	13
24		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
25	15
26	16		AN ACT concerning 1
27	17
28	18		Petitions for Emergency Evaluation 2
29		-	(Arnaud and Magruder Memorial Act) 3
30	19
31		-	FOR the purpose of specifying that a petition for emergency evaluation is effective for a 4
32		-	certain period of time; authorizing a court, on a certain motion and for good cause 5
33		-	shown, to extend a petition for a certain period of time; requiring a court to include 6
34		-	the date the petition expires on the petition; authorizing peace officers to use 7
35		-	reasonable and necessary force when executing a petition; and generally relating to 8
36		-	petitions for emergency evaluation. 9
	20	+	FOR the purpose of specifying that a petition for emergency evaluation is effective for a 3
	21	+	certain period of time; authorizing a court, on a certain motion and for good cause 4
	22	+	shown, to extend a petition for a certain period of time; requiring a court to include 5
	23	+	the date the petition expires on the petition; authorizing peace officers to use 6
	24	+	reasonable and necessary force when executing a petition; and generally relating to 7
	25	+	petitions for emergency evaluation. 8
37	26
38		-	BY repealing and reenacting, with amendments, 10
39		-	Article – Health – General 11
40		-	Section 10–623 and 10–624(a) 12
41		-	Annotated Code of Maryland 13
42		-	(2023 Replacement Volume and 2024 Supplement) 14
	27	+	BY repealing and reenacting, with amendments, 9
	28	+	Article – Health – General 10
	29	+	Section 10–623 and 10–624(a) 11
	30	+	Annotated Code of Maryland 12
	31	+	(2023 Replacement Volume and 2024 Supplement) 13
43	32
44		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 15
45		-	That the Laws of Maryland read as follows: 16
	33	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
	34	+	That the Laws of Maryland read as follows: 15
46	35
47		-	Article – Health – General 17
48		-	2 HOUSE BILL 468
	36	+	Article – Health – General 16
	37	+
	38	+	10–623. 17
	39	+
	40	+	(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 18
	41	+	clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 19
	42	+	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 20
	43	+	marriage and family therapist, health officer or designee of a health officer, or peace officer, 21
	44	+	the petitioner shall present the petition to the court for immediate review. 22
	45	+
	46	+	(b) After review of the petition, the court shall endorse the petition if the court 23
	47	+	finds probable cause to believe that the emergency evaluee has shown the symptoms of a 24 2 HOUSE BILL 468
49	48
50	49
51		-	10–623. 1
	50	+	mental disorder and that the individual presents a danger to the life or safety of the 1
	51	+	individual or of others. 2
52	52
53		-	(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 2
54		-	clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 3
55		-	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 4
56		-	marriage and family therapist, health officer or designee of a health officer, or peace officer, 5
57		-	the petitioner shall present the petition to the court for immediate review. 6
	53	+	(c) If the court does not find probable cause, the court shall indicate that fact on 3
	54	+	the petition, and no further action may be taken under the petition. 4
58	55
59		-	(b) After review of the petition, the court shall endorse the petition if the court 7
60		-	finds probable cause to believe that the emergency evaluee has shown the symptoms of a 8
61		-	mental disorder and that the individual presents a danger to the life or safety of the 9
62		-	individual or of others. 10
	56	+	(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PETITION 5
	57	+	SHALL BE EFFECTIVE F OR 5 DAYS AFTER BEING END ORSED BY THE COURT U NDER 6
	58	+	SUBSECTION (B) OF THIS SECTION. 7
63	59
64		-	(c) If the court does not find probable cause, the court shall indicate that fact on 11
65		-	the petition, and no further action may be taken under the petition. 12
	60	+	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , ON 8
	61	+	A MOTION, THE COURT MAY EXTEND THE PETITION FOR GOOD CA USE SHOWN BASED 9
	62	+	ON THE PRESENTING BE HAVIOR OF THE INDIVI DUAL FOR UP TO 5 DAYS AT A TIME, 10
	63	+	BUT NOT TO EXCEED A TOTAL OF 30 DAYS. 11
66	64
67		-	(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECT ION, THE PETITION 13
68		-	SHALL BE EFFECTIVE F OR 5 DAYS AFTER BEING END ORSED BY THE COURT U NDER 14
69		-	SUBSECTION (B) OF THIS SECTION. 15
	65	+	(II) 1. A MOTION UNDER SUBPARA GRAPH (I) OF THIS 12
	66	+	PARAGRAPH MUST BE MA DE BY THE ORIGINAL P ETITIONER. 13
70	67
71		-	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , ON 16
72		-	A MOTION, THE COURT MAY EXTEND THE PETITION FOR GOOD CA USE SHOWN BASED 17
73		-	ON THE PRESENTING BEHAV IOR OF THE INDIVIDUA L FOR UP TO 5 DAYS AT A TIME, 18
74		-	BUT NOT TO EXCEED A TOTAL OF 30 DAYS. 19
	68	+	2. EACH EXTENSION SHALL BE BASED ON A SEPARA TE 14
	69	+	MOTION. 15
75	70
76		-	(II) 1. A ~~MOTION~~ UNDER ~~SUBPARA GRAPH (I) OF~~ THIS 20
77		-	~~PARAGRAPH MUST~~ BE ~~MA DE BY THE ORIGINAL P ETITIONER~~. 21
	71	+	(3) A PETITION ENDORSED OR EXTENDED UNDER THIS SUBSECTION 16
	72	+	SHALL BE SERVED EXPE DITIOUSLY. 17
78	73
79		-	~~2. EACH EXTENSION~~ SHALL ~~BE BASED~~ ON ~~A SEPARATE 22~~
80		-	~~MOTION~~. 23
	74	+	(E) THE COURT SHALL INCLU DE ON THE PETITION T HE DATE THE PETITION 18
	75	+	EXPIRES. 19
81	76
82		-	(3) A PETITION ENDORSED OR EXTENDED UNDER THIS SUBSECTION 24
83		-	SHALL BE SERVED EXPE DITIOUSLY. 25
	77	+	10–624. 20
84	78
85		-	(E) THE ~~COURT SHALL INCLU DE ON THE PETITION T HE DATE THE PETITION 26~~
86		-	~~EXPIRES. 27~~
	79	+	(a) (1) A peace officer shall take an emergency evaluee to the nearest 21
	80	+	emergency facility if the peace officer has a petition under Part IV of this subtitle that: 22
87	81
88		-	~~10–624~~. 28
	82	+	(i) 1. Has been endorsed by a court [within the last 5 days]; AND 23
89	83
90		-	(a) (1) A peace officer shall take an emergency evaluee to the nearest 29
91		-	emergency facility if the peace officer has a petition under Part IV of this subtitle that: 30
	84	+	2. IS IN EFFECT; or 24
92	85
93		-	(i) 1. Has been endorsed by a court [within the last 5 days]; AND 31
	86	+	(ii) Is signed and submitted by a physician, psychologist, clinical 25
	87	+	social worker, licensed clinical professional counselor, clinical nurse specialist in 26
	88	+	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 27
	89	+	marriage and family therapist, health officer or designee of a health officer, or peace officer. 28
94	90
95		-	2. IS IN EFFECT; or 32
96		-	HOUSE BILL 468 3
	91	+	(2) The petition required under paragraph (1) of this subsection may be: 29
97	92
	93	+	(i) In the form of an electronic record; and 30
98	94
99		-	(ii) Is signed and submitted by a physician, psychologist, clinical 1
100		-	social worker, licensed clinical professional counselor, clinical nurse specialist in 2
101		-	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 3
102		-	marriage and family therapist, health officer or designee of a health officer, or peace officer. 4
103		-
104		-	(2) The petition required under paragraph (1) of this subsection may be: 5
105		-
106		-	(i) In the form of an electronic record; and 6
107		-
108		-	(ii) Transmitted and received electronically. 7
109		-
110		-	(3) A PEACE OFFICER MAY US E FORCE IN ACCORDANCE WITH § 3–524 8
111		-	OF THE PUBLIC SAFETY ARTICLE WHEN EXECUTING A PET ITION. 9
112		-
113		-	[(3)] (4) To the extent practicable, a peace officer shall notify the 10
114		-	emergency facility in advance that the peace officer is bringing an emergency evaluee to 11
115		-	the emergency facility. 12
116		-
117		-	[(4)] (5) After a peace officer brings the emergency evaluee to an 13
118		-	emergency facility, the peace officer need not stay unless, because the emergency evaluee 14
119		-	is violent, emergency facility personnel ask the supervisor of the peace officer to have the 15
120		-	peace officer stay. 16
121		-
122		-	[(5)] (6) A peace officer shall stay until the supervisor responds to the 17
123		-	request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 18
124		-	peace officer to stay. 19
125		-
126		-	[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 20
127		-	physician shall examine the emergency evaluee as promptly as possible. 21
128		-
129		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
130		-	October 1, 2025. 23
	95	+	(ii) Transmitted and received electronically. 31 HOUSE BILL 468 3
131	96
132	97
133	98
	99	+	(3) A PEACE OFFICER MAY US E FORCE IN ACCORDANC E WITH § 3–524 1
	100	+	OF THE PUBLIC SAFETY ARTICLE WHEN EXECUTING A PET ITION. 2
134	101
135		-	Approved:
136		-	________________________________________________________________________________
137		-	Governor.
138		-	________________________________________________________________________________
139		-	Speaker of the House of Delegates.
140		-	________________________________________________________________________________
141		-	President of the Senate.
	102	+	[(3)] (4) To the extent practicable, a peace officer shall notify the 3
	103	+	emergency facility in advance that the peace officer is bringing an emergency evaluee to 4
	104	+	the emergency facility. 5
	105	+
	106	+	[(4)] (5) After a peace officer brings the emergency evaluee to an 6
	107	+	emergency facility, the peace officer need not stay unless, because the emergency evaluee 7
	108	+	is violent, emergency facility personnel ask the supervisor of the peace officer to have the 8
	109	+	peace officer stay. 9
	110	+
	111	+	[(5)] (6) A peace officer shall stay until the supervisor responds to the 10
	112	+	request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 11
	113	+	peace officer to stay. 12
	114	+
	115	+	[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 13
	116	+	physician shall examine the emergency evaluee as promptly as possible. 14
	117	+
	118	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	119	+	October 1, 2025. 16
	120	+