| 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 | *hb0497* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 497 | |
| 11 | 8 | O1, O4 5lr2082 | |
| 12 | 9 | CF SB 400 | |
| 13 | - | By: Delegate Stewart Delegates Stewart, Crutchfield, Tomlinson, Pasteur, Toles, | |
| 14 | - | Schmidt, Simmons, Phillips, Stinnett, Taylor, Simpson, Grammer, | |
| 15 | - | Sample–Hughes, Conaway, and Kaufman | |
| 10 | + | By: Delegate Stewart | |
| 16 | 11 | Introduced and read first time: January 20, 2025 | |
| 17 | 12 | Assigned to: Judiciary | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: March 18, 2025 | |
| 21 | 13 | ||
| 22 | - | ||
| 14 | + | A BILL ENTITLED | |
| 23 | 15 | ||
| 24 | 16 | AN ACT concerning 1 | |
| 25 | 17 | ||
| 26 | 18 | Residential Child Care Programs – Transportation Companies – Regulation 2 | |
| 27 | 19 | (Preventing Abduction in Youth Transport Act of 2025 ) 3 | |
| 28 | 20 | ||
| 29 | 21 | FOR the purpose of prohibiting certain transportation companies that transport children 4 | |
| 30 | 22 | to residential child care programs from using certain restraints except under certain 5 | |
| 31 | 23 | circumstances; prohibiting certain transportation companies that transport children 6 | |
| 32 | 24 | to residential child care programs from picking up children between certain hours; 7 | |
| 33 | 25 | authorizing an individual and the Attorney General to bring a civil action against 8 | |
| 34 | 26 | certain transportation companies that transport children to residential child care 9 | |
| 35 | 27 | programs under certain circumstances; and generally relating to transportation 10 | |
| 36 | 28 | companies that transport children to residential child care programs. 11 | |
| 37 | 29 | ||
| 38 | 30 | BY repealing and reenacting, without amendments, 12 | |
| 39 | 31 | Article – Human Services 13 | |
| 40 | 32 | Section 8–101(a) and (p) 14 | |
| 41 | 33 | Annotated Code of Maryland 15 | |
| 42 | 34 | (2019 Replacement Volume and 2024 Supplement) 16 | |
| 43 | 35 | ||
| 44 | 36 | BY adding to 17 | |
| 45 | 37 | Article – Human Services 18 | |
| 46 | 38 | Section 8–715 through 8–717 to be under the new part “Part III. Transportation 19 | |
| 47 | 39 | Companies” 20 | |
| 48 | - | Annotated Code of Maryland 21 2 HOUSE BILL 497 | |
| 40 | + | Annotated Code of Maryland 21 | |
| 41 | + | (2019 Replacement Volume and 2024 Supplement) 22 | |
| 42 | + | ||
| 43 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
| 44 | + | That the Laws of Maryland read as follows: 24 | |
| 45 | + | ||
| 46 | + | Article – Human Services 25 | |
| 47 | + | ||
| 48 | + | 8–101. 26 2 HOUSE BILL 497 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | (2019 Replacement Volume and 2024 Supplement) 1 | |
| 52 | 51 | ||
| 53 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
| 54 | - | That the Laws of Maryland read as follows: 3 | |
| 52 | + | (a) In this title the following words have the meanings indicated. 1 | |
| 55 | 53 | ||
| 56 | - | Article – Human Services 4 | |
| 54 | + | (p) (1) “Residential child care program” means an entity that provides 24–hour 2 | |
| 55 | + | per day care for children within a structured set of services and activities that are designed 3 | |
| 56 | + | to achieve specific objectives relative to the needs of the children served and that include 4 | |
| 57 | + | the provision of food, clothing, shelter, education, social services, health, mental health, 5 | |
| 58 | + | recreation, or any combination of these services and activities. 6 | |
| 57 | 59 | ||
| 58 | - | ||
| 60 | + | (2) “Residential child care program” includes a program: 7 | |
| 59 | 61 | ||
| 60 | - | ( | |
| 62 | + | (i) licensed by: 8 | |
| 61 | 63 | ||
| 62 | - | (p) (1) “Residential child care program” means an entity that provides 24–hour 7 | |
| 63 | - | per day care for children within a structured set of services and activities that are designed 8 | |
| 64 | - | to achieve specific objectives relative to the needs of the children served and that include 9 | |
| 65 | - | the provision of food, clothing, shelter, education, social services, health, mental health, 10 | |
| 66 | - | recreation, or any combination of these services and activities. 11 | |
| 64 | + | 1. the Maryland Department of Health; 9 | |
| 67 | 65 | ||
| 68 | - | | |
| 66 | + | 2. the Department of Human Services; or 10 | |
| 69 | 67 | ||
| 70 | - | | |
| 68 | + | 3. the Department of Juvenile Services; and 11 | |
| 71 | 69 | ||
| 72 | - | 1. the Maryland Department of Health; 14 | |
| 70 | + | (ii) that is subject to the licensing regulations of the members of the 12 | |
| 71 | + | Children’s Cabinet governing the operations of residential child care programs. 13 | |
| 73 | 72 | ||
| 74 | - | ||
| 73 | + | Subtitle 7. Residential Child Care Programs – General Provisions. 14 | |
| 75 | 74 | ||
| 76 | - | ||
| 75 | + | 8–713. RESERVED. 15 | |
| 77 | 76 | ||
| 78 | - | (ii) that is subject to the licensing regulations of the members of the 17 | |
| 79 | - | Children’s Cabinet governing the operations of residential child care programs. 18 | |
| 77 | + | 8–714. RESERVED. 16 | |
| 80 | 78 | ||
| 81 | - | ||
| 79 | + | PART III. TRANSPORTATION COMPANIES. 17 | |
| 82 | 80 | ||
| 83 | - | 8– | |
| 81 | + | 8–715. 18 | |
| 84 | 82 | ||
| 85 | - | 8–714. RESERVED. 21 | |
| 83 | + | (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 19 | |
| 84 | + | INDICATED. 20 | |
| 86 | 85 | ||
| 87 | - | PART III. TRANSPORTATION COMPANIES. 22 | |
| 86 | + | (B) (1) “RESIDENTIAL CHILD CARE PROGRAM” INCLUDES A FACILITY OR 21 | |
| 87 | + | PROGRAM THAT : 22 | |
| 88 | 88 | ||
| 89 | - | ||
| 89 | + | (I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 23 | |
| 90 | 90 | ||
| 91 | - | (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 24 | |
| 92 | - | INDICATED. 25 | |
| 93 | - | ||
| 94 | - | (B) (1) “RESIDENTIAL CHILD CAR E PROGRAM” INCLUDES A FACILITY OR 26 | |
| 95 | - | PROGRAM THAT : 27 | |
| 91 | + | 1. A PROGRAM WITH A WILDERN ESS OR OUTDOOR 24 | |
| 92 | + | EXPERIENCE, EXPEDITION, OR INTERVENTION ; 25 | |
| 96 | 93 | HOUSE BILL 497 3 | |
| 97 | 94 | ||
| 98 | 95 | ||
| 99 | - | (I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 1 | |
| 96 | + | 2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 1 | |
| 97 | + | DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 2 | |
| 98 | + | CORRECTIONAL REGIMES ; 3 | |
| 100 | 99 | ||
| 101 | - | | |
| 102 | - | ||
| 100 | + | 3. AN EDUCATION AL OR THERAPEUTIC BOARD ING 4 | |
| 101 | + | SCHOOL; OR 5 | |
| 103 | 102 | ||
| 104 | - | 2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 4 | |
| 105 | - | DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 5 | |
| 106 | - | CORRECTIONAL REGIMES ; 6 | |
| 103 | + | 4. A BEHAVIORAL MODIFICAT ION PROGRAM ; AND 6 | |
| 107 | 104 | ||
| 108 | - | 3. AN EDUCATIONAL OR TH ERAPEUTIC BOARDING 7 | |
| 109 | - | SCHOOL; OR 8 | |
| 105 | + | (II) SERVES YOUTH WHO HAVE A HISTORY OF DIAGNOS IS OF: 7 | |
| 110 | 106 | ||
| 111 | - | 4. A BEHAVIORAL MODIFIC ATION PROGRAM ; AND 9 | |
| 107 | + | 1. AN EMOTIONAL , BEHAVIORAL , OR MENTAL HEALTH 8 | |
| 108 | + | DISORDER; 9 | |
| 112 | 109 | ||
| 113 | - | | |
| 114 | - | ||
| 110 | + | 2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 10 | |
| 111 | + | ALCOHOL MISUSE OR US E DISORDER; OR 11 | |
| 115 | 112 | ||
| 116 | - | | |
| 117 | - | ||
| 113 | + | 3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 12 | |
| 114 | + | SENSORY DISABILITY . 13 | |
| 118 | 115 | ||
| 119 | - | 2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 14 | |
| 120 | - | ALCOHOL MISUSE OR US E DISORDER; OR 15 | |
| 116 | + | (2) “RESIDENTIAL CHILD CARE PROGRAM” DOES NOT INCLUDE : 14 | |
| 121 | 117 | ||
| 122 | - | 3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 16 | |
| 123 | - | SENSORY DISABILITY . 17 | |
| 118 | + | (I) A HOSPITAL LICENSED BY THE STATE; 15 | |
| 124 | 119 | ||
| 125 | - | ( | |
| 120 | + | (II) A DETENTION FACILITY LICENSED BY THE STATE; 16 | |
| 126 | 121 | ||
| 127 | - | ( | |
| 122 | + | (III) A YOUTH CORRECTIONAL FACILITY; 17 | |
| 128 | 123 | ||
| 129 | - | ( | |
| 124 | + | (IV) A SUBSTANCE ABUSE TREA TMENT FACILIT Y; 18 | |
| 130 | 125 | ||
| 131 | - | ( | |
| 126 | + | (V) A FOSTER FAMILY HOME : 19 | |
| 132 | 127 | ||
| 133 | - | (IV) A SUBSTANCE ABUSE TR EATMENT FACILITY ; 22 | |
| 128 | + | 1. THAT PROVIDES 24–HOUR SUBSTITUTE CARE FOR 20 | |
| 129 | + | CHILDREN PLACED AWAY FROM THEIR PARENTS O R GUARDIANS; 21 | |
| 134 | 130 | ||
| 135 | - | (V) A FOSTER FAMILY HOME : 23 | |
| 131 | + | 2. FOR WHICH THE STATE CHILD WELFARE SERVIC ES 22 | |
| 132 | + | AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 23 | |
| 136 | 133 | ||
| 137 | - | | |
| 138 | - | ||
| 134 | + | 3. THAT IS LICENSED AND REGU LATED BY THE STATE AS 24 | |
| 135 | + | A FOSTER FAMILY HOME ; OR 25 | |
| 139 | 136 | ||
| 140 | - | 2. FOR WHICH THE STATE CHILD WELFARE S ERVICES 26 | |
| 141 | - | AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 27 | |
| 137 | + | (VI) ANY OTHER SECURE FAC ILITY. 26 | |
| 142 | 138 | 4 HOUSE BILL 497 | |
| 143 | 139 | ||
| 144 | 140 | ||
| 145 | - | 3. THAT IS LICENSED AND REGULATED BY THE STATE AS 1 | |
| 146 | - | A FOSTER FAMILY HOME ; OR 2 | |
| 141 | + | (C) “YOUTH TRANSPORTATION COMPANY” MEANS A BUSINESS THA T 1 | |
| 142 | + | SPECIALIZES IN TRANSPORTIN G A PERSON TO A RESI DENTIAL CHILD CARE 2 | |
| 143 | + | PROGRAM. 3 | |
| 147 | 144 | ||
| 148 | - | ||
| 145 | + | 8–716. 4 | |
| 149 | 146 | ||
| 150 | - | ( | |
| 151 | - | ||
| 152 | - | ||
| 147 | + | (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 5 | |
| 148 | + | CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, A YOUTH TRANSPORTATI ON 6 | |
| 149 | + | COMPANY MAY NOT USE : 7 | |
| 153 | 150 | ||
| 154 | - | 8 | |
| 151 | + | (1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 8 | |
| 155 | 152 | ||
| 156 | - | (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 8 | |
| 157 | - | CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, WHEN THE FINAL INTEND ED 9 | |
| 158 | - | DESTINATION IS A RES IDENTIAL CHILD CARE PROGRAM AND SUBJECT TO 10 | |
| 159 | - | SUBSECTION (B) OF THIS SECTION, A YOUTH TRANSPORTATI ON COMPANY MAY NOT 11 | |
| 160 | - | USE: 12 | |
| 153 | + | (2) PHYSICAL RESTRAINT S, SUCH AS HANDCUFFS , CHAINS, IRONS, 9 | |
| 154 | + | STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , PLASTIC 10 | |
| 155 | + | RESTRAINTS, OR OTHER SIMILAR ITEMS , UNLESS: 11 | |
| 161 | 156 | ||
| 162 | - | (1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 13 | |
| 157 | + | (I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 12 | |
| 158 | + | AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR; AND 13 | |
| 163 | 159 | ||
| 164 | - | ( | |
| 165 | - | ||
| 166 | - | ||
| 160 | + | (II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 14 | |
| 161 | + | WILL ALLEVIATE THE I MMEDIATE AND SERIOUS RISK OF DANGEROUS OR 15 | |
| 162 | + | DISRUPTIVE BEHAVIOR . 16 | |
| 167 | 163 | ||
| 168 | - | (3) PHYSICAL RESTRAINTS , INCLUDING HOLDS , OR OTHER USE OF 17 | |
| 169 | - | PHYSICAL FORCE TO RE STRICT FREE MOVEMENT , UNLESS: 18 | |
| 164 | + | (B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 17 | |
| 170 | 165 | ||
| 171 | - | (I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 19 | |
| 172 | - | AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR A SUBSTANTIAL 20 | |
| 173 | - | LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS; AND 21 | |
| 166 | + | (I) AS PUNISHMENT ; 18 | |
| 174 | 167 | ||
| 175 | - | (II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 22 | |
| 176 | - | WILL ALLEVIATE THE IMMEDIATE AND SERIOU S RISK OF DANGEROUS OR 23 | |
| 177 | - | DISRUPTIVE BEHAVIOR SUBSTANTIAL LIKELIHO OD OF IMMINENT SERIO US 24 | |
| 178 | - | PHYSICAL HARM TO THE CHILD OR OTHERS . 25 | |
| 168 | + | (II) FOR CONVENIENCE ; OR 19 | |
| 179 | 169 | ||
| 180 | - | ( | |
| 170 | + | (III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 20 | |
| 181 | 171 | ||
| 182 | - | (I) AS PUNISHMENT ; 27 | |
| 172 | + | (2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 21 | |
| 173 | + | BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 22 | |
| 174 | + | RESTRAINTS DURING TRANSPORTATION . 23 | |
| 183 | 175 | ||
| 184 | - | (II) FOR CONVENIENCE ; OR 28 | |
| 176 | + | (C) A YOUTH TRANSPORTATION COMPANY MAY NOT PICK UP A CHILD FOR 24 | |
| 177 | + | TRANSPORT TO A RESID ENTIAL CHILD CARE PR OGRAM BETWEEN THE HOURS OF 9 25 | |
| 178 | + | P.M. AND 6 A.M. 26 | |
| 185 | 179 | ||
| 186 | - | ||
| 180 | + | 8–717. 27 | |
| 187 | 181 | HOUSE BILL 497 5 | |
| 188 | 182 | ||
| 189 | 183 | ||
| 190 | - | (2) | |
| 191 | - | ||
| 192 | - | ||
| 184 | + | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1 | |
| 185 | + | ATTORNEY GENERAL MAY BRING AN ACTION AGAI NST A YOUTH TRANSPOR TATION 2 | |
| 186 | + | COMPANY FOR A VIOLAT ION OF § 8–716 OF THIS PART. 3 | |
| 193 | 187 | ||
| 194 | - | (3) IF RESTRAINTS ARE NEC ESSARY DUE TO A S UBSTANTIAL 4 | |
| 195 | - | LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS, THE 5 | |
| 196 | - | RESTRAINTS MAY BE US ED ONLY AS LONG AS T HE IMMINENT RISK PER SISTS. 6 | |
| 188 | + | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 4 | |
| 189 | + | ATTORNEY GENERAL MAY SEEK : 5 | |
| 197 | 190 | ||
| 198 | - | (C) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7 | |
| 199 | - | WHEN THE FINAL INTEN DED DESTINATION IS A RESIDENTIAL CHILD CARE 8 | |
| 200 | - | PROGRAM, A YOUTH TRANSPORTATION COMPANY MAY NOT PICK UP A CHILD FOR 9 | |
| 201 | - | TRANSPORT TO A RESID ENTIAL CHILD CARE PR OGRAM BETWEEN THE HO URS OF 9 10 | |
| 202 | - | P.M. AND 6 A.M. 11 | |
| 191 | + | (I) INJUNCTIVE RELIEF ; AND 6 | |
| 203 | 192 | ||
| 204 | - | (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY TO A 12 | |
| 205 | - | YOUTH TRANSPORTATION COMPA NY UNDER CONTRACT WI TH THE DEPARTMENT OF 13 | |
| 206 | - | HUMAN SERVICES. 14 | |
| 193 | + | (II) STATUTORY DAMAGES UP TO: 7 | |
| 207 | 194 | ||
| 208 | - | ||
| 195 | + | 1. $1,000 FOR A FIRST OFFENSE ; AND 8 | |
| 209 | 196 | ||
| 210 | - | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 16 | |
| 211 | - | ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A YOU TH TRANSPORTATION 17 | |
| 212 | - | COMPANY FOR A VIOLAT ION OF § 8–716 OF THIS PART. 18 | |
| 197 | + | 2. $3,000 FOR A SUBSEQUENT OFF ENSE. 9 | |
| 213 | 198 | ||
| 214 | - | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 19 | |
| 215 | - | ATTORNEY GENERAL MAY SEEK : 20 | |
| 199 | + | (B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 10 | |
| 200 | + | INDIVIDUAL MAY BRING AN ACTION AGAINST A YOUTH TRANSPORTATION COMPANY 11 | |
| 201 | + | FOR A VIOLATION OF § 8–716 OF THIS PART. 12 | |
| 216 | 202 | ||
| 217 | - | (I) INJUNCTIVE RELIEF ; AND 21 | |
| 203 | + | (2) IN AN ACTION BROUGHT UN DER THIS SUBSECTION , THE 13 | |
| 204 | + | INDIVIDUAL MAY SEEK : 14 | |
| 218 | 205 | ||
| 219 | - | ( | |
| 206 | + | (I) RESTITUTION; AND 15 | |
| 220 | 207 | ||
| 221 | - | 1. $1,000 FOR A FIRST OFFENSE ; AND 23 | |
| 208 | + | (II) IF AWARDED RESTITUTI ON, REASONABLE ATTORNEY ’S 16 | |
| 209 | + | FEES. 17 | |
| 222 | 210 | ||
| 223 | - | 2. $3,000 FOR A SUBSEQUENT OFF ENSE. 24 | |
| 211 | + | (3) IF THE COURT DETERMIN ES THAT AN ACTION IS FRIVOLOUS OR 18 | |
| 212 | + | BROUGHT IN BAD FAITH UNDER THIS SUBSECTIO N, THE COURT MAY ORDER THE 19 | |
| 213 | + | OFFENDING PARTY TO P AY THE REASONABLE ATTORNEY ’S FEES OF THE OTHER 20 | |
| 214 | + | PARTY. 21 | |
| 224 | 215 | ||
| 225 | - | (B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) THROUGH (4) OF THIS 25 | |
| 226 | - | SUBSECTION, AN INDIVIDUAL MAY BR ING AN ACTION AGAINS T A YOUTH 26 | |
| 227 | - | TRANSPORTATION COMPA NY FOR A VIOLATION O F § 8–716 OF THIS PART. 27 | |
| 228 | - | ||
| 229 | - | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 28 | |
| 230 | - | INDIVIDUAL MAY SEEK : 29 | |
| 231 | - | ||
| 232 | - | (I) RESTITUTION; AND 30 | |
| 233 | - | 6 HOUSE BILL 497 | |
| 234 | - | ||
| 235 | - | ||
| 236 | - | (II) COMPENSATORY DAMAGES ; 1 | |
| 237 | - | ||
| 238 | - | (III) STATUTORY DAMAGES UP TO $500 PER VIOLATION; AND 2 | |
| 239 | - | ||
| 240 | - | (II) (IV) IF AWARDED RESTITUTI ON OR DAMAGES , 3 | |
| 241 | - | REASONABLE ATTORNEY ’S FEES. 4 | |
| 242 | - | ||
| 243 | - | (3) IF THE COURT DETERMIN ES THAT AN ACTION IS FRIVOLOUS OR 5 | |
| 244 | - | BROUGHT IN BAD FAITH UNDER THIS SUBSECTION, THE COURT MAY ORDER THE 6 | |
| 245 | - | OFFENDING PARTY TO P AY THE REASONABLE AT TORNEY’S FEES OF THE OTHER 7 | |
| 246 | - | PARTY. AN ACTION BROUGHT UND ER THIS SECTION SHAL L BE FILED WITHIN 10 8 | |
| 247 | - | YEARS AFTER THE DATE THAT THE VICTIM REAC HES THE AGE OF MAJOR ITY. 9 | |
| 248 | - | ||
| 249 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10 | |
| 250 | - | apply only prospectively and may not be applied or interpreted to have any effect on or 11 | |
| 251 | - | application to any cause of action arising before the effective date of this Act. 12 | |
| 252 | - | ||
| 253 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 | |
| 254 | - | October 1, 2025. 14 | |
| 255 | - | ||
| 256 | - | ||
| 257 | - | ||
| 258 | - | ||
| 259 | - | Approved: | |
| 260 | - | ________________________________________________________________________________ | |
| 261 | - | Governor. | |
| 262 | - | ________________________________________________________________________________ | |
| 263 | - | Speaker of the House of Delegates. | |
| 264 | - | ________________________________________________________________________________ | |
| 265 | - | President of the Senate. | |
| 216 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 | |
| 217 | + | October 1, 2025. 23 |