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.
*hb0468*
HOUSE BILL 468
J1 5lr2492
HB 1019/24 – HGO & JUD CF 5lr2562
By: Delegates Alston, Bagnall, Martinez, and Pena–Melnyk Pena–Melnyk,
Cullison, Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson,
Kaiser, Kerr, Kipke, Lopez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras,
White Holland, Woods, Woorman, Valentine, Cardin, Toles, Schmidt,
Simmons, Phillips, Arikan, Conaway, and Williams
Introduced and read first time: January 20, 2025
Assigned to: Health and Government Operations and Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Petitions for Emergency Evaluation 2
(Arnaud and Magruder Memorial Act) 3
FOR the purpose of specifying that a petition for emergency evaluation is effective for a 4
certain period of time; authorizing a court, on a certain motion and for good cause 5
shown, to extend a petition for a certain period of time; requiring a court to include 6
the date the petition expires on the petition; authorizing peace officers to use 7
reasonable and necessary force when executing a petition; and generally relating to 8
petitions for emergency evaluation. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 10–623 and 10–624(a) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 15
That the Laws of Maryland read as follows: 16
Article – Health – General 17
2 HOUSE BILL 468
10–623. 1
(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 2
clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 3
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 4
marriage and family therapist, health officer or designee of a health officer, or peace officer, 5
the petitioner shall present the petition to the court for immediate review. 6
(b) After review of the petition, the court shall endorse the petition if the court 7
finds probable cause to believe that the emergency evaluee has shown the symptoms of a 8
mental disorder and that the individual presents a danger to the life or safety of the 9
individual or of others. 10
(c) If the court does not find probable cause, the court shall indicate that fact on 11
the petition, and no further action may be taken under the petition. 12
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECT ION, THE PETITION 13
SHALL BE EFFECTIVE F OR 5 DAYS AFTER BEING END ORSED BY THE COURT U NDER 14
SUBSECTION (B) OF THIS SECTION. 15
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , ON 16
A MOTION, THE COURT MAY EXTEND THE PETITION FOR GOOD CA USE SHOWN BASED 17
ON THE PRESENTING BEHAV IOR OF THE INDIVIDUA L FOR UP TO 5 DAYS AT A TIME, 18
BUT NOT TO EXCEED A TOTAL OF 30 DAYS. 19
(II) 1. A MOTION UNDER SUBPARA GRAPH (I) OF THIS 20
PARAGRAPH MUST BE MA DE BY THE ORIGINAL P ETITIONER. 21
2. EACH EXTENSION SHALL BE BASED ON A SEPARATE 22
MOTION. 23
(3) A PETITION ENDORSED OR EXTENDED UNDER THIS SUBSECTION 24
SHALL BE SERVED EXPE DITIOUSLY. 25
(E) THE COURT SHALL INCLU DE ON THE PETITION T HE DATE THE PETITION 26
EXPIRES. 27
10–624. 28
(a) (1) A peace officer shall take an emergency evaluee to the nearest 29
emergency facility if the peace officer has a petition under Part IV of this subtitle that: 30
(i) 1. Has been endorsed by a court [within the last 5 days]; AND 31
2. IS IN EFFECT; or 32
HOUSE BILL 468 3
(ii) Is signed and submitted by a physician, psychologist, clinical 1
social worker, licensed clinical professional counselor, clinical nurse specialist in 2
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 3
marriage and family therapist, health officer or designee of a health officer, or peace officer. 4
(2) The petition required under paragraph (1) of this subsection may be: 5
(i) In the form of an electronic record; and 6
(ii) Transmitted and received electronically. 7
(3) A PEACE OFFICER MAY US E FORCE IN ACCORDANCE WITH § 3–524 8
OF THE PUBLIC SAFETY ARTICLE WHEN EXECUTING A PET ITION. 9
[(3)] (4) To the extent practicable, a peace officer shall notify the 10
emergency facility in advance that the peace officer is bringing an emergency evaluee to 11
the emergency facility. 12
[(4)] (5) After a peace officer brings the emergency evaluee to an 13
emergency facility, the peace officer need not stay unless, because the emergency evaluee 14
is violent, emergency facility personnel ask the supervisor of the peace officer to have the 15
peace officer stay. 16
[(5)] (6) A peace officer shall stay until the supervisor responds to the 17
request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 18
peace officer to stay. 19
[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 20
physician shall examine the emergency evaluee as promptly as possible. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.