EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0533*
HOUSE BILL 533
D4, E2 5lr1324
CF SB 273
By: Delegate Crutchfield
Introduced and read first time: January 22, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Peace Orders and Protective Orders – Military Protection Orders 2
FOR the purpose of authorizing a judge to consider whether a military protection order has 3
been issued against a respondent when determining whether to grant a temporary 4
peace order or a temporary protective order; requiring a law enforcement officer to 5
notify a certain law enforcement agency that an individual may have violated a 6
military protection order under certain circumstances; and generally relating to 7
peace orders and protective orders. 8
BY repealing and reenacting, with amendments, 9
Article – Courts and Judicial Proceedings 10
Section 3–1501, 3–1504(a)(1), and 3–1508 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Family Law 15
Section 4–501, 4–505(a)(1), and 4–509 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Courts and Judicial Proceedings 21
3–1501. 22
(a) In this subtitle the following words have the meanings indicated. 23
2 HOUSE BILL 533
(b) “Commissioner” means a District Court commissioner appointed in 1
accordance with Article IV, § 41G of the Maryland Constitution. 2
(c) “Court” means the District Court of Maryland. 3
(d) “Employee” means: 4
(1) An individual who is employed by an employer; or 5
(2) A volunteer or an independent contractor who performs services for an 6
employer at the employer’s workplace. 7
(e) (1) “Employer” means a person engaged in a business, an industry, a 8
profession, a trade, or any other enterprise in the State. 9
(2) “Employer” includes a person that acts directly or indirectly in the 10
interest of another employer with an employee. 11
(f) “Final peace order” means a peace order issued by a judge under § 3–1505 of 12
this subtitle. 13
(g) “Interim peace order” means an order that a commissioner issues under this 14
subtitle pending a hearing by a judge on a petition. 15
(H) “MILITARY PROTECTION O RDER” MEANS A PROTECTION O RDER ISSUED 16
IN ACCORDANCE WITH 10 U.S.C. § 1567 BY A COMMANDING OFFI CER AGAINST A 17
PERSON UNDER THE OFF ICER’S COMMAND IN : 18
(1) ANY BRANCH OF THE UNI FORMED SERVICES OF T HE UNITED 19
STATES; 20
(2) THE MARYLAND NATIONAL GUARD; OR 21
(3) THE NATIONAL GUARD OF ANY OTHER STATE . 22
[(h)] (I) “Petitioner” means an individual who files a petition under § 3–1503 of 23
this subtitle. 24
[(i)] (J) “Residence” includes the yard, grounds, outbuildings, and common 25
areas surrounding the residence. 26
[(j)] (K) “Respondent” means an individual alleged in a petition to have 27
committed an act specified in § 3–1503(a) of this subtitle against a petitioner or a 28
petitioner’s employee. 29
HOUSE BILL 533 3
[(k)] (L) “Temporary peace order” means a peace order issued by a judge under 1
§ 3–1504 of this subtitle. 2
3–1504. 3
(a) (1) (I) If after a hearing on a petition, whether ex parte or otherwise, a 4
judge finds that there are reasonable grounds to believe that the respondent has committed, 5
and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against 6
the petitioner or the petitioner’s employee, the judge may issue a temporary peace order to 7
protect the petitioner or the petitioner’s employee. 8
(II) IN DETERMINING WHET HER THERE ARE REASON ABLE 9
GROUNDS TO BELIEVE T HAT A RESPONDENT HAS COMMITTED , AND IS LIKELY TO 10
COMMIT IN THE FUTURE , AN ACT SPECIFIED IN § 3–1503(A) OF THIS SUBTITLE 11
AGAINST THE PETITION ER OR THE PETITIONER ’S EMPLOYEE , THE JUDGE MAY 12
CONSIDER WHETHER A M ILITARY PROTECTION ORDER HAS BEEN ISSUED AGAI NST 13
THE RESPONDENT FOR T HE SAME OR SIMILAR C ONDUCT AGAINST THE S AME 14
PETITIONER OR THE PE TITIONER’S EMPLOYEE. 15
3–1508. 16
(a) An individual who fails to comply with the relief granted in an interim peace 17
order under § 3–1503.1 of this subtitle, a temporary peace order under § 3–1504(a)(2) of 18
this subtitle, or a final peace order under § 3–1505(d)(1)(i), (ii), (iii), or (iv) of this subtitle 19
is guilty of a misdemeanor and on conviction is subject to: 20
(1) For a first offense, a fine not exceeding $1,000 or imprisonment not 21
exceeding 90 days or both; and 22
(2) For a second or subsequent offense, a fine not exceeding $2,500 or 23
imprisonment not exceeding 1 year or both. 24
(b) For the purpose of second or subsequent offender penalties provided under 25
subsection (a)(2) of this section, a prior conviction under § 4–509 of the Family Law Article 26
shall be considered a conviction under this section. 27
(c) (1) A law enforcement officer shall arrest with or without a warrant and 28
take into custody an individual who the officer has probable cause to believe is in violation 29
of an interim peace order, temporary peace order, or final peace order in effect at the time 30
of the violation. 31
(2) IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO 32
BELIEVE THAT AN INDI VIDUAL DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION 33
IS A SERVICE MEMBER IN VIOLATION OF A MI LITARY PROTECTION OR DER ENTERED 34
INTO THE FEDERAL BUREAU OF INVESTIGATION ’S NATIONAL CRIME INFORMATION 35
CENTER DATABASE , THE LAW ENFORCEMEN T OFFICER SHALL NOTI FY THE LAW 36 4 HOUSE BILL 533
ENFORCEMENT AGENCY T HAT ENTERED THE MILI TARY PROTECTION ORDE R INTO 1
THE DATABASE THAT TH E SERVICE MEMBER MAY HAVE VIOLATED THE MI LITARY 2
PROTECTION ORDER . 3
Article – Family Law 4
4–501. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) (1) “Abuse” means any of the following acts: 7
(i) an act that causes serious bodily harm; 8
(ii) an act that places a person eligible for relief in fear of imminent 9
serious bodily harm; 10
(iii) assault in any degree; 11
(iv) rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 12
3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree; 13
(v) false imprisonment; 14
(vi) stalking under § 3–802 of the Criminal Law Article; or 15
(vii) revenge porn under § 3–809 of the Criminal Law Article. 16
(2) (i) If the person for whom relief is sought is a child, “abuse” may 17
also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. 18
(ii) Nothing in this subtitle shall be construed to prohibit reasonable 19
punishment, including reasonable corporal punishment, in light of the age and condition of 20
the child, from being performed by a parent or stepparent of the child. 21
(3) If the person for whom relief is sought is a vulnerable adult, “abuse” 22
may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article. 23
(c) “Child care provider” means a person that provides supervision and care for a 24
minor child. 25
(d) “Cohabitant” means a person who has had a sexual relationship with the 26
respondent and resided with the respondent in the home for a period of at least 90 days 27
within 1 year before the filing of the petition. 28
(e) “Commissioner” means a District Court Commissioner appointed in 29
accordance with Article IV, § 41G of the Maryland Constitution. 30 HOUSE BILL 533 5
(f) “Court” means the District Court or a circuit court in this State. 1
(g) “Emergency family maintenance” means a monetary award given to or for a 2
person eligible for relief to whom the respondent has a duty of support under this article 3
based on: 4
(1) the financial needs of the person eligible for relief; and 5
(2) the resources available to the person eligible for relief and the 6
respondent. 7
(h) “Executive Director” means the Executive Director of the Governor’s Office of 8
Crime Prevention and Policy. 9
(i) “Final protective order” means a protective order issued under § 4–506 of this 10
subtitle. 11
(j) “Home” means the property in this State that: 12
(1) is the principal residence of a person eligible for relief; and 13
(2) is owned, rented, or leased by the person eligible for relief or respondent 14
or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the 15
home at the time of a proceeding under this subtitle. 16
(k) “Interim protective order” means an order that a Commissioner issues under 17
this subtitle pending a hearing by a judge on a petition. 18
(l) “Local department” means the local department that has jurisdiction in the 19
county: 20
(1) where the home is located; or 21
(2) if different, where the abuse is alleged to have taken place. 22
(m) “MILITARY PROTECTION O RDER” MEANS A PROTECTION O RDER ISSUED 23
IN ACCORDANCE WITH 10 U.S.C. § 1567 BY A COMMANDING OFFI CER AGAINST A 24
PERSON UNDER SUCH OF FICER’S COMMAND IN: 25
(1) ANY BRANCH OF THE UN IFORMED SERVICES OF THE UNITED 26
STATES; 27
(2) THE MARYLAND NATIONAL GUARD; OR 28
(3) THE NATIONAL GUARD O F ANY OTHER STATE . 29 6 HOUSE BILL 533
(N) “Person eligible for relief” includes: 1
(1) the current or former spouse of the respondent; 2
(2) a cohabitant of the respondent; 3
(3) a person related to the respondent by blood, marriage, or adoption; 4
(4) a parent, stepparent, child, or stepchild of the respondent or the person 5
eligible for relief who resides or resided with the respondent or person eligible for relief for 6
at least 90 days within 1 year before the filing of the petition; 7
(5) a vulnerable adult; 8
(6) an individual who has a child in common with the respondent; 9
(7) an individual who has had a sexual relationship with the respondent 10
within 1 year before the filing of the petition; and 11
(8) an individual who alleges that the respondent committed, within 6 12
months before the filing of the petition, any of the following acts against the individual: 13
(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 14
3–308 of the Criminal Law Article; or 15
(ii) attempted rape or sexual offense in any degree. 16
[(n)] (O) (1) “Pet” means a domesticated animal. 17
(2) “Pet” does not include livestock. 18
[(o)] (P) (1) “Petitioner” means an individual who files a petition. 19
(2) “Petitioner” includes: 20
(i) a person eligible for relief; or 21
(ii) the following persons who may seek relief from abuse on behalf 22
of a minor or vulnerable adult: 23
1. the State’s Attorney for the county where the child or 24
vulnerable adult lives, or, if different, where the abuse is alleged to have taken place; 25
2. the department of social services that has jurisdiction in 26
the county where the child or vulnerable adult lives, or, if different, where the abuse is 27
alleged to have taken place; 28 HOUSE BILL 533 7
3. a person related to the child or vulnerable adult by blood, 1
marriage, or adoption; and 2
4. an adult who resides in the home. 3
[(p)] (Q) “Residence” includes the yard, grounds, outbuildings, and common 4
areas surrounding the residence. 5
[(q)] (R) “Respondent” means the person alleged in the petition to have 6
committed the abuse. 7
[(r)] (S) “Temporary protective order” means a protective order issued under § 8
4–505 of this subtitle. 9
[(s)] (T) “Victim” includes a person eligible for relief. 10
[(t)] (U) “Vulnerable adult” has the meaning provided in § 14–101(q) of this 11
article. 12
4–505. 13
(a) (1) (I) If, after a hearing on a petition, whether ex parte or otherwise, a 14
judge finds that there are reasonable grounds to believe that a person eligible for relief has 15
been abused, the judge may enter a temporary protective order to protect any person 16
eligible for relief from abuse. 17
(II) IN DETERMINING WHETHE R THERE ARE REASONAB LE 18
GROUNDS TO BELIEVE T HAT A PERSON ELIGIBL E FOR RELIEF HAS BEE N ABUSED, 19
THE JUDGE MAY CONSID ER WHETHER A MILITAR Y PROTECTION ORDER H AS BEEN 20
ISSUED AGAINST THE R ESPONDENT FOR THE SA ME OR SIMILAR CONDUC T AGAINST 21
THE SAME PERSON ELIG IBLE FOR RELIEF. 22
4–509. 23
(a) A person may not fail to comply with the relief granted in an interim protective 24
order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective 25
order under § 4–505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective 26
order under § 4–506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle. 27
(b) A person who violates subsection (a) of this section is guilty of a misdemeanor 28
and on conviction is subject, for each offense, to: 29
(1) for a first offense, a fine not exceeding $1,000 or imprisonment not 30
exceeding 90 days or both; and 31
8 HOUSE BILL 533
(2) for a second or subsequent offense, a fine not exceeding $2,500 or 1
imprisonment not exceeding 1 year or both. 2
(c) Notwithstanding any other law, a conviction under this section may not merge 3
with a conviction for any other crime based on the act establishing the violation of this 4
section. 5
(d) A sentence imposed under this section may be imposed separate from and 6
consecutive to or concurrent with a sentence for any crime based on the act establishing 7
the violation of this section. 8
(e) For the purpose of second or subsequent offender penalties provided under 9
subsection (b)(2) of this section, a prior conviction under § 3–1508 of the Courts Article shall 10
be considered a conviction under this section. 11
(f) (1) An officer shall arrest with or without a warrant and take into custody 12
a person who the officer has probable cause to believe is in violation of an interim, 13
temporary, or final protective order in effect at the time of the violation. 14
(2) IF AN OFFICER HAS PRO BABLE CAUSE TO BELIE VE THAT AN 15
INDIVIDUAL DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION I S A SERVICE 16
MEMBER IN VIOLATION OF A MILITARY PROTEC TION ORDER ENTERED I NTO THE 17
FEDERAL BUREAU OF INVESTIGATION’S NATIONAL CRIME INFORMATION CENTER 18
DATABASE, THE OFFICER SHALL NO TIFY THE LAW ENFORCE MENT AGENCY THAT 19
ENTERED THE MILITARY PROTECTION ORDER INT O THE DATABASE THAT THE 20
SERVICE MEMBER MAY H AVE VIOLATED THE MIL ITARY PROTECTION ORD ER. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23