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 | *hb0929* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 929 | |
11 | 8 | D4 5lr3158 | |
12 | 9 | CF SB 721 | |
13 | 10 | By: Delegates Simpson, Bouchat, Crutchfield, Fair, Tomlinson, and Williams | |
14 | 11 | Introduced and read first time: January 31, 2025 | |
15 | 12 | Assigned to: Judiciary | |
16 | - | Committee Report: Favorable | |
17 | - | House action: Adopted | |
18 | - | Read second time: February 25, 2025 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Family Law – Permanent Protective Orders – Consent 2 | |
25 | 19 | ||
26 | 20 | FOR the purpose of specifying that an individual may consent to the issuance of a 3 | |
27 | 21 | permanent protective order against the individual; and generally relating to 4 | |
28 | 22 | permanent protective orders. 5 | |
29 | 23 | ||
30 | 24 | BY repealing and reenacting, with amendments, 6 | |
31 | 25 | Article – Family Law 7 | |
32 | 26 | Section 4–506(k) 8 | |
33 | 27 | Annotated Code of Maryland 9 | |
34 | 28 | (2019 Replacement Volume and 2024 Supplement) 10 | |
35 | 29 | ||
36 | 30 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
37 | 31 | That the Laws of Maryland read as follows: 12 | |
38 | 32 | ||
39 | 33 | Article – Family Law 13 | |
40 | 34 | ||
41 | 35 | 4–506. 14 | |
42 | 36 | ||
43 | 37 | (k) (1) Notwithstanding any other provision of this section, the court shall 15 | |
44 | 38 | issue a permanent protective order under this subsection against an individual if: 16 | |
45 | 39 | ||
46 | 40 | (i) an interim, temporary, or final protective order has been issued 17 | |
47 | 41 | under this subtitle against the individual; 18 | |
42 | + | ||
43 | + | (ii) 1. the individual was convicted and sentenced to serve a term 19 | |
44 | + | of imprisonment of at least 5 years for the act of abuse that led to the issuance of the 20 | |
45 | + | interim, temporary, or final protective order and the individual has served at least 12 21 | |
46 | + | months of the sentence; [or] 22 | |
48 | 47 | 2 HOUSE BILL 929 | |
49 | 48 | ||
50 | 49 | ||
51 | - | (ii) 1. the individual was convicted and sentenced to serve a term 1 | |
52 | - | of imprisonment of at least 5 years for the act of abuse that led to the issuance of the 2 | |
53 | - | interim, temporary, or final protective order and the individual has served at least 12 3 | |
54 | - | months of the sentence; [or] 4 | |
50 | + | 2. A. during the term of the interim, temporary, or final 1 | |
51 | + | protective order, the individual committed an act of abuse against the person eligible for 2 | |
52 | + | relief; and 3 | |
55 | 53 | ||
56 | - | | |
57 | - | ||
58 | - | ||
54 | + | B. the individual was convicted and sentenced to serve a term 4 | |
55 | + | of imprisonment of at least 5 years for the act and has served at least 12 months of the 5 | |
56 | + | sentence; [and] OR 6 | |
59 | 57 | ||
60 | - | B. the individual was convicted and sentenced to serve a term 8 | |
61 | - | of imprisonment of at least 5 years for the act and has served at least 12 months of the 9 | |
62 | - | sentence; [and] OR 10 | |
58 | + | 3. THE INDIVIDUAL C ONSENTS TO THE ISSUANCE OF THE 7 | |
59 | + | PERMANENT PROTECTIVE ORDER; AND 8 | |
63 | 60 | ||
64 | - | 3. THE INDIVIDUAL CONSE NTS TO THE ISSUANCE OF THE 11 | |
65 | - | PERMANENT PROTECTIVE ORDER; AND 12 | |
61 | + | (iii) the victim of the act of abuse described in item (ii)1 or 2 of this 9 | |
62 | + | paragraph, who was the person eligible for relief in the interim, temporary, or final 10 | |
63 | + | protective order, requests the issuance of a permanent protective order under this 11 | |
64 | + | subsection. 12 | |
66 | 65 | ||
67 | - | ( | |
68 | - | ||
69 | - | ||
70 | - | ||
66 | + | (2) In a permanent protective order issued under this subsection, the court 13 | |
67 | + | may grant only the relief that was granted in the original protective order under § 14 | |
68 | + | 4–504.1(c)(1) or (2) or § 4–505(a)(2)(i) or (ii) of this subtitle or subsection (d)(1) or (2) of this 15 | |
69 | + | section. 16 | |
71 | 70 | ||
72 | - | (2) In a permanent protective order issued under this subsection, the court 17 | |
73 | - | may grant only the relief that was granted in the original protective order under § 18 | |
74 | - | 4–504.1(c)(1) or (2) or § 4–505(a)(2)(i) or (ii) of this subtitle or subsection (d)(1) or (2) of this 19 | |
75 | - | section. 20 | |
71 | + | (3) Unless terminated at the request of the victim, a protective order issued 17 | |
72 | + | under this subsection shall be permanent. 18 | |
76 | 73 | ||
77 | - | (3) Unless terminated at the request of the victim, a protective order issued 21 | |
78 | - | under this subsection shall be permanent. 22 | |
79 | - | ||
80 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
81 | - | October 1, 2025. 24 | |
82 | - | ||
83 | - | ||
84 | - | ||
85 | - | Approved: | |
86 | - | ________________________________________________________________________________ | |
87 | - | Governor. | |
88 | - | ________________________________________________________________________________ | |
89 | - | Speaker of the House of Delegates. | |
90 | - | ________________________________________________________________________________ | |
91 | - | President of the Senate. | |
74 | + | SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 19 | |
75 | + | October 1, 2025. 20 |