Maryland 2025 Regular Session

Maryland Senate Bill SB273 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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		sb0273
9	6
10	7		SENATE BILL 273
11	8		D4, E2 5lr1322
12		-	CF ~~HB 533~~
13		-	By: Senator M. Jackson
	9	+	CF 5lr1324
	10	+	By: Senator Jackson
14	11		Introduced and read first time: January 9, 2025
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable
17		-	Senate action: Adopted
18		-	Read second time: February 3, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Peace Orders and Protective Orders – Military Protection Orders 2
25	19
26	20		FOR the purpose of authorizing a judge to consider whether a military protection order has 3
27	21		been issued against a respondent when determining whether to grant a temporary 4
28	22		peace order or a temporary protective order; requiring a law enforcement officer to 5
29	23		notify a certain law enforcement agency that an individual may have violated a 6
30	24		military protection order under certain circumstances; and generally relating to 7
31	25		peace orders and protective orders. 8
32	26
33	27		BY repealing and reenacting, with amendments, 9
34	28		Article – Courts and Judicial Proceedings 10
35	29		Section 3–1501, 3–1504(a)(1), and 3–1508 11
36	30		Annotated Code of Maryland 12
37	31		(2020 Replacement Volume and 2024 Supplement) 13
38	32
39	33		BY repealing and reenacting, with amendments, 14
40	34		Article – Family Law 15
41	35		Section 4–501, 4–505(a)(1), and 4–509 16
42	36		Annotated Code of Maryland 17
43	37		(2019 Replacement Volume and 2024 Supplement) 18
44	38
45	39		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46	40		That the Laws of Maryland read as follows: 20
47	41
48		-	Article – Courts and Judicial Proceedings 21 2 SENATE BILL 273
	42	+	Article – Courts and Judicial Proceedings 21
	43	+
	44	+	3–1501. 22
	45	+
	46	+	(a) In this subtitle the following words have the meanings indicated. 23
	47	+	2 SENATE BILL 273
	48	+
	49	+
	50	+	(b) “Commissioner” means a District Court commissioner appointed in 1
	51	+	accordance with Article IV, § 41G of the Maryland Constitution. 2
	52	+
	53	+	(c) “Court” means the District Court of Maryland. 3
	54	+
	55	+	(d) “Employee” means: 4
	56	+
	57	+	(1) An individual who is employed by an employer; or 5
	58	+
	59	+	(2) A volunteer or an independent contractor who performs services for an 6
	60	+	employer at the employer’s workplace. 7
	61	+
	62	+	(e) (1) “Employer” means a person engaged in a business, an industry, a 8
	63	+	profession, a trade, or any other enterprise in the State. 9
	64	+
	65	+	(2) “Employer” includes a person that acts directly or indirectly in the 10
	66	+	interest of another employer with an employee. 11
	67	+
	68	+	(f) “Final peace order” means a peace order issued by a judge under § 3–1505 of 12
	69	+	this subtitle. 13
	70	+
	71	+	(g) “Interim peace order” means an order that a commissioner issues under this 14
	72	+	subtitle pending a hearing by a judge on a petition. 15
	73	+
	74	+	(H) “MILITARY PROTECTION O RDER” MEANS A PROTECTION O RDER ISSUED 16
	75	+	IN ACCORDANCE WITH 10 U.S.C. § 1567 BY A COMMANDING OFFI CER AGAINST A 17
	76	+	PERSON UNDER THE OFFICER’S COMMAND IN : 18
	77	+
	78	+	(1) ANY BRANCH OF THE UNIFORMED SERVICES OF THE UNITED 19
	79	+	STATES; 20
	80	+
	81	+	(2) THE MARYLAND NATIONAL GUARD; OR 21
	82	+
	83	+	(3) THE NATIONAL GUARD OF ANY OTHER STATE . 22
	84	+
	85	+	[(h)] (I) “Petitioner” means an individual who files a petition under § 3–1503 of 23
	86	+	this subtitle. 24
	87	+
	88	+	[(i)] (J) “Residence” includes the yard, grounds, outbuildings, and common 25
	89	+	areas surrounding the residence. 26
	90	+
	91	+	[(j)] (K) “Respondent” means an individual alleged in a petition to have 27
	92	+	committed an act specified in § 3–1503(a) of this subtitle against a petitioner or a 28
	93	+	petitioner’s employee. 29
	94	+	SENATE BILL 273 3
	95	+
	96	+
	97	+	[(k)] (L) “Temporary peace order” means a peace order issued by a judge under 1
	98	+	§ 3–1504 of this subtitle. 2
	99	+
	100	+	3–1504. 3
	101	+
	102	+	(a) (1) (I) If after a hearing on a petition, whether ex parte or otherwise, a 4
	103	+	judge finds that there are reasonable grounds to believe that the respondent has committed, 5
	104	+	and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against 6
	105	+	the petitioner or the petitioner’s employee, the judge may issue a temporary peace order to 7
	106	+	protect the petitioner or the petitioner’s employee. 8
	107	+
	108	+	(II) IN DETERMINING WHET HER THERE ARE REASON ABLE 9
	109	+	GROUNDS TO BELIEVE T HAT A RESPONDENT HAS COMMI TTED, AND IS LIKELY TO 10
	110	+	COMMIT IN THE FUTURE , AN ACT SPECIFIED IN § 3–1503(A) OF THIS SUBTITLE 11
	111	+	AGAINST THE PETITION ER OR THE PETITIONER ’S EMPLOYEE , THE JUDGE MAY 12
	112	+	CONSIDER WHETHER A M ILITARY PROTECTION ORDER HAS BEEN ISSUED AGAINST 13
	113	+	THE RESPONDENT FOR THE SAME OR SIMI LAR CONDUCT AGAINST THE SAME 14
	114	+	PETITIONER OR THE PETITIONER’S EMPLOYEE. 15
	115	+
	116	+	3–1508. 16
	117	+
	118	+	(a) An individual who fails to comply with the relief granted in an interim peace 17
	119	+	order under § 3–1503.1 of this subtitle, a temporary peace order under § 3–1504(a)(2) of 18
	120	+	this subtitle, or a final peace order under § 3–1505(d)(1)(i), (ii), (iii), or (iv) of this subtitle 19
	121	+	is guilty of a misdemeanor and on conviction is subject to: 20
	122	+
	123	+	(1) For a first offense, a fine not exceeding $1,000 or imprisonment not 21
	124	+	exceeding 90 days or both; and 22
	125	+
	126	+	(2) For a second or subsequent offense, a fine not exceeding $2,500 or 23
	127	+	imprisonment not exceeding 1 year or both. 24
	128	+
	129	+	(b) For the purpose of second or subsequent offender penalties provided under 25
	130	+	subsection (a)(2) of this section, a prior conviction under § 4–509 of the Family Law Article 26
	131	+	shall be considered a conviction under this section. 27
	132	+
	133	+	(c) (1) A law enforcement officer shall arrest with or without a warrant and 28
	134	+	take into custody an individual who the officer has probable cause to believe is in violation 29
	135	+	of an interim peace order, temporary peace order, or final peace order in effect at the time 30
	136	+	of the violation. 31
	137	+
	138	+	(2) IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO 32
	139	+	BELIEVE THAT AN INDI VIDUAL DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION 33
	140	+	IS A SERVICE MEMBER IN VIOLATION OF A MI LITARY PROTECTION OR DER ENTERED 34
	141	+	INTO THE FEDERAL BUREAU OF INVESTIGATION ’S NATIONAL CRIME INFORMATION 35
	142	+	CENTER DATABASE, THE LAW ENFORCEMENT OFFICER SHALL NOTIFY THE LAW 36 4 SENATE BILL 273
	143	+
	144	+
	145	+	ENFORCEMENT AGENCY THAT ENTERED THE MILITARY PROTECTION ORDER INT O 1
	146	+	THE DATABASE THAT TH E SERVICE MEMBER MAY H AVE VIOLATED THE MILITARY 2
	147	+	PROTECTION ORDER . 3
	148	+
	149	+	Article – Family Law 4
	150	+
	151	+	4–501. 5
	152	+
	153	+	(a) In this subtitle the following words have the meanings indicated. 6
	154	+
	155	+	(b) (1) “Abuse” means any of the following acts: 7
	156	+
	157	+	(i) an act that causes serious bodily harm; 8
	158	+
	159	+	(ii) an act that places a person eligible for relief in fear of imminent 9
	160	+	serious bodily harm; 10
	161	+
	162	+	(iii) assault in any degree; 11
	163	+
	164	+	(iv) rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 12
	165	+	3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree; 13
	166	+
	167	+	(v) false imprisonment; 14
	168	+
	169	+	(vi) stalking under § 3–802 of the Criminal Law Article; or 15
	170	+
	171	+	(vii) revenge porn under § 3–809 of the Criminal Law Article. 16
	172	+
	173	+	(2) (i) If the person for whom relief is sought is a child, “abuse” may 17
	174	+	also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. 18
	175	+
	176	+	(ii) Nothing in this subtitle shall be construed to prohibit reasonable 19
	177	+	punishment, including reasonable corporal punishment, in light of the age and condition of 20
	178	+	the child, from being performed by a parent or stepparent of the child. 21
	179	+
	180	+	(3) If the person for whom relief is sought is a vulnerable adult, “abuse” 22
	181	+	may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article. 23
	182	+
	183	+	(c) “Child care provider” means a person that provides supervision and care for a 24
	184	+	minor child. 25
	185	+
	186	+	(d) “Cohabitant” means a person who has had a sexual relationship with the 26
	187	+	respondent and resided with the respondent in the home for a period of at least 90 days 27
	188	+	within 1 year before the filing of the petition. 28
	189	+
	190	+	(e) “Commissioner” means a District Court Commissioner appointed in 29
	191	+	accordance with Article IV, § 41G of the Maryland Constitution. 30 SENATE BILL 273 5
49	192
50	193
51	194
52		-	~~3–1501~~. 1
	195	+	(f) “Court” means the District Court or a circuit court in this State. 1
53	196
54		-	(a) In this subtitle the following words have the meanings indicated. 2
	197	+	(g) “Emergency family maintenance” means a monetary award given to or for a 2
	198	+	person eligible for relief to whom the respondent has a duty of support under this article 3
	199	+	based on: 4
55	200
56		-	(b) “Commissioner” means a District Court commissioner appointed in 3
57		-	accordance with Article IV, § 41G of the Maryland Constitution. 4
	201	+	(1) the financial needs of the person eligible for relief; and 5
58	202
59		-	(c) “Court” means the District Court of Maryland. 5
	203	+	(2) the resources available to the person eligible for relief and the 6
	204	+	respondent. 7
60	205
61		-	(d) “Employee” means: 6
	206	+	(h) “Executive Director” means the Executive Director of the Governor’s Office of 8
	207	+	Crime Prevention and Policy. 9
62	208
63		-	(1) An individual who is employed by an employer; or 7
	209	+	(i) “Final protective order” means a protective order issued under § 4–506 of this 10
	210	+	subtitle. 11
64	211
65		-	(2) A volunteer or an independent contractor who performs services for an 8
66		-	employer at the employer’s workplace. 9
	212	+	(j) “Home” means the property in this State that: 12
67	213
68		-	(e) (1) “Employer” means a person engaged in a business, an industry, a 10
69		-	profession, a trade, or any other enterprise in the State. 11
	214	+	(1) is the principal residence of a person eligible for relief; and 13
70	215
71		-	(2) “Employer” includes a person that acts directly or indirectly in the 12
72		-	interest of another employer with an employee. 13
	216	+	(2) is owned, rented, or leased by the person eligible for relief or respondent 14
	217	+	or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the 15
	218	+	home at the time of a proceeding under this subtitle. 16
73	219
74		-	(f) “~~Final peace~~ order” means ~~a peace~~ order ~~issued by~~ a ~~judge~~ under ~~§ 3–1505 of 14~~
75		-	this subtitle. 15
	220	+	(k) “Interim protective order” means an order that a Commissioner issues under 17
	221	+	this subtitle pending a hearing by a judge on a petition. 18
76	222
77		-	(g) “~~Interim peace order~~” means ~~an order~~ that ~~a commissioner issues under this 16~~
78		-	~~subtitle pending a hearing by a judge on a petition. 17~~
	223	+	(l) “Local department” means the local department that has jurisdiction in the 19
	224	+	county: 20
79	225
80		-	(H) “MILITARY PROTECTION O RDER” MEANS A PROTECTION O RDER ISSUED 18
81		-	IN ACCORDANCE WITH 10 U.S.C. § 1567 BY A COMMANDING OFFI CER AGAINST A 19
82		-	PERSON UNDER THE OFFICER’S COMMAND IN : 20
	226	+	(1) where the home is located; or 21
83	227
84		-	(1) ANY BRANCH OF THE UNIFORMED SERVICES OF THE UNITED 21
85		-	STATES; 22
	228	+	(2) if different, where the abuse is alleged to have taken place. 22
86	229
87		-	(2) THE MARYLAND NATIONAL GUARD; OR 23
	230	+	(m) “MILITARY PROTECTION O RDER” MEANS A PROTECTION ORDER I SSUED 23
	231	+	IN ACCORDANCE WITH 10 U.S.C. § 1567 BY A COMMANDING OFFI CER AGAINST A 24
	232	+	PERSON UNDER SUCH OF FICER’S COMMAND IN : 25
88	233
89		-	(3) THE NATIONAL GUARD OF ANY OTHER STATE . 24
	234	+	(1) ANY BRANCH OF THE UNIFORMED SERVICES OF THE UNITED 26
	235	+	STATES; 27
90	236
91		-	[(h)] (I) “Petitioner” means an individual who files a petition under § 3–1503 of 25
92		-	this subtitle. 26
	237	+	(2) THE MARYLAND NATIONAL GUARD; OR 28
93	238
94		-	[(i)] (J) “Residence” includes the yard, grounds, outbuildings, and common 27
95		-	areas surrounding the residence. 28
96		-	SENATE BILL 273 3
97		-
98		-
99		-	[(j)] (K) “Respondent” means an individual alleged in a petition to have 1
100		-	committed an act specified in § 3–1503(a) of this subtitle against a petitioner or a 2
101		-	petitioner’s employee. 3
102		-
103		-	[(k)] (L) “Temporary peace order” means a peace order issued by a judge under 4
104		-	§ 3–1504 of this subtitle. 5
105		-
106		-	3–1504. 6
107		-
108		-	(a) (1) (I) If after a hearing on a petition, whether ex parte or otherwise, a 7
109		-	judge finds that there are reasonable grounds to believe that the respondent has committed, 8
110		-	and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against 9
111		-	the petitioner or the petitioner’s employee, the judge may issue a temporary peace order to 10
112		-	protect the petitioner or the petitioner’s employee. 11
113		-
114		-	(II) IN DETERMINING WHETHE R THERE ARE REASONAB LE 12
115		-	GROUNDS TO BELIEVE T HAT A RESPONDENT HAS COMMI TTED, AND IS LIKELY TO 13
116		-	COMMIT IN THE FUTURE , AN ACT SPECIFIED IN § 3–1503(A) OF THIS SUBTITLE 14
117		-	AGAINST THE PETITION ER OR THE PETITIONER ’S EMPLOYEE , THE JUDGE MAY 15
118		-	CONSIDER WHETHER A M ILITARY PROTECTION O RDER HAS BEEN ISSUED AGAINST 16
119		-	THE RESPONDENT FOR THE SAME OR SIMI LAR CONDUCT AGAINST THE SAME 17
120		-	PETITIONER OR THE PETITIONER’S EMPLOYEE. 18
121		-
122		-	3–1508. 19
123		-
124		-	(a) An individual who fails to comply with the relief granted in an interim peace 20
125		-	order under § 3–1503.1 of this subtitle, a temporary peace order under § 3–1504(a)(2) of 21
126		-	this subtitle, or a final peace order under § 3–1505(d)(1)(i), (ii), (iii), or (iv) of this subtitle 22
127		-	is guilty of a misdemeanor and on conviction is subject to: 23
128		-
129		-	(1) For a first offense, a fine not exceeding $1,000 or imprisonment not 24
130		-	exceeding 90 days or both; and 25
131		-
132		-	(2) For a second or subsequent offense, a fine not exceeding $2,500 or 26
133		-	imprisonment not exceeding 1 year or both. 27
134		-
135		-	(b) For the purpose of second or subsequent offender penalties provided under 28
136		-	subsection (a)(2) of this section, a prior conviction under § 4–509 of the Family Law Article 29
137		-	shall be considered a conviction under this section. 30
138		-
139		-	(c) (1) A law enforcement officer shall arrest with or without a warrant and 31
140		-	take into custody an individual who the officer has probable cause to believe is in violation 32
141		-	of an interim peace order, temporary peace order, or final peace order in effect at the time 33
142		-	of the violation. 34
143		-	4 SENATE BILL 273
144		-
145		-
146		-	(2) IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO 1
147		-	BELIEVE THAT AN INDI VIDUAL DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION 2
148		-	IS A SERVICE MEMBER IN VI OLATION OF A MILITAR Y PROTECTION ORDER ENTERED 3
149		-	INTO THE FEDERAL BUREAU OF INVESTIGATION ’S NATIONAL CRIME INFORMATION 4
150		-	CENTER DATABASE, THE LAW ENFORCEMENT OFFICER SHALL NOTIFY THE LAW 5
151		-	ENFORCEMENT AGENCY THAT ENTERED THE MILITARY PROTECTION ORDER INT O 6
152		-	THE DATABASE THAT TH E SERVICE MEMBER MAY H AVE VIOLATED THE MILITARY 7
153		-	PROTECTION ORDER . 8
154		-
155		-	Article – Family Law 9
156		-
157		-	4–501. 10
158		-
159		-	(a) In this subtitle the following words have the meanings indicated. 11
160		-
161		-	(b) (1) “Abuse” means any of the following acts: 12
162		-
163		-	(i) an act that causes serious bodily harm; 13
164		-
165		-	(ii) an act that places a person eligible for relief in fear of imminent 14
166		-	serious bodily harm; 15
167		-
168		-	(iii) assault in any degree; 16
169		-
170		-	(iv) rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 17
171		-	3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree; 18
172		-
173		-	(v) false imprisonment; 19
174		-
175		-	(vi) stalking under § 3–802 of the Criminal Law Article; or 20
176		-
177		-	(vii) revenge porn under § 3–809 of the Criminal Law Article. 21
178		-
179		-	(2) (i) If the person for whom relief is sought is a child, “abuse” may 22
180		-	also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. 23
181		-
182		-	(ii) Nothing in this subtitle shall be construed to prohibit reasonable 24
183		-	punishment, including reasonable corporal punishment, in light of the age and condition of 25
184		-	the child, from being performed by a parent or stepparent of the child. 26
185		-
186		-	(3) If the person for whom relief is sought is a vulnerable adult, “abuse” 27
187		-	may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article. 28
188		-
189		-	(c) “Child care provider” means a person that provides supervision and care for a 29
190		-	minor child. 30
191		-	SENATE BILL 273 5
192		-
193		-
194		-	(d) “Cohabitant” means a person who has had a sexual relationship with the 1
195		-	respondent and resided with the respondent in the home for a period of at least 90 days 2
196		-	within 1 year before the filing of the petition. 3
197		-
198		-	(e) “Commissioner” means a District Court Commissioner appointed in 4
199		-	accordance with Article IV, § 41G of the Maryland Constitution. 5
200		-
201		-	(f) “Court” means the District Court or a circuit court in this State. 6
202		-
203		-	(g) “Emergency family maintenance” means a monetary award given to or for a 7
204		-	person eligible for relief to whom the respondent has a duty of support under this article 8
205		-	based on: 9
206		-
207		-	(1) the financial needs of the person eligible for relief; and 10
208		-
209		-	(2) the resources available to the person eligible for relief and the 11
210		-	respondent. 12
211		-
212		-	(h) “Executive Director” means the Executive Director of the Governor’s Office of 13
213		-	Crime Prevention and Policy. 14
214		-
215		-	(i) “Final protective order” means a protective order issued under § 4–506 of this 15
216		-	subtitle. 16
217		-
218		-	(j) “Home” means the property in this State that: 17
219		-
220		-	(1) is the principal residence of a person eligible for relief; and 18
221		-
222		-	(2) is owned, rented, or leased by the person eligible for relief or respondent 19
223		-	or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the 20
224		-	home at the time of a proceeding under this subtitle. 21
225		-
226		-	(k) “Interim protective order” means an order that a Commissioner issues under 22
227		-	this subtitle pending a hearing by a judge on a petition. 23
228		-
229		-	(l) “Local department” means the local department that has jurisdiction in the 24
230		-	county: 25
231		-
232		-	(1) where the home is located; or 26
233		-
234		-	(2) if different, where the abuse is alleged to have taken place. 27
235		-
236		-	(m) “MILITARY PROTECTION O RDER” MEANS A PROTECTION ORDER I SSUED 28
237		-	IN ACCORDANCE WITH 10 U.S.C. § 1567 BY A COMMANDING OFFI CER AGAINST A 29
238		-	PERSON UNDER SUCH OF FICER’S COMMAND IN : 30
239		-	6 SENATE BILL 273
240		-
241		-
242		-	(1) ANY BRANCH OF THE UNIFORMED SERVICES OF THE UNITED 1
243		-	STATES; 2
244		-
245		-	(2) THE MARYLAND NATIONAL GUARD; OR 3
246		-
247		-	(3) THE NATIONAL GUARD OF ANY OTHER STATE . 4
248		-
249		-	(N) “Person eligible for relief” includes: 5
250		-
251		-	(1) the current or former spouse of the respondent; 6
252		-
253		-	(2) a cohabitant of the respondent; 7
254		-
255		-	(3) a person related to the respondent by blood, marriage, or adoption; 8
256		-
257		-	(4) a parent, stepparent, child, or stepchild of the respondent or the person 9
258		-	eligible for relief who resides or resided with the respondent or person eligible for relief for 10
259		-	at least 90 days within 1 year before the filing of the petition; 11
260		-
261		-	(5) a vulnerable adult; 12
262		-
263		-	(6) an individual who has a child in common with the respondent; 13
264		-
265		-	(7) an individual who has had a sexual relationship with the respondent 14
266		-	within 1 year before the filing of the petition; and 15
267		-
268		-	(8) an individual who alleges that the respondent committed, within 6 16
269		-	months before the filing of the petition, any of the following acts against the individual: 17
270		-
271		-	(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 18
272		-	3–308 of the Criminal Law Article; or 19
273		-
274		-	(ii) attempted rape or sexual offense in any degree. 20
275		-
276		-	[(n)] (O) (1) “Pet” means a domesticated animal. 21
277		-
278		-	(2) “Pet” does not include livestock. 22
279		-
280		-	[(o)] (P) (1) “Petitioner” means an individual who files a petition. 23
281		-
282		-	(2) “Petitioner” includes: 24
283		-
284		-	(i) a person eligible for relief; or 25
285		-
286		-	(ii) the following persons who may seek relief from abuse on behalf 26
287		-	of a minor or vulnerable adult: 27 SENATE BILL 273 7
	239	+	(3) THE NATIONAL GUARD OF ANY OTHER STATE . 29 6 SENATE BILL 273
288	240
289	241
290	242
291		-	1. the State’s Attorney for the county where the child or 1
292		-	vulnerable adult lives, or, if different, where the abuse is alleged to have taken place; 2
	243	+	(N) “Person eligible for relief” includes: 1
293	244
294		-	2. the department of social services that has jurisdiction in 3
295		-	the county where the child or vulnerable adult lives, or, if different, where the abuse is 4
296		-	alleged to have taken place; 5
	245	+	(1) the current or former spouse of the respondent; 2
297	246
298		-	3. a person related to the child or vulnerable adult by blood, 6
299		-	marriage, or adoption; and 7
	247	+	(2) a cohabitant of the respondent; 3
300	248
301		-	~~4. an adult who resides in~~ the ~~home. 8~~
	249	+	(3) a person related to the respondent by blood, marriage, or adoption; 4
302	250
303		-	[(p)] (Q) “Residence” includes the yard, grounds, outbuildings, and common 9
304		-	areas surrounding the residence. 10
	251	+	(4) a parent, stepparent, child, or stepchild of the respondent or the person 5
	252	+	eligible for relief who resides or resided with the respondent or person eligible for relief for 6
	253	+	at least 90 days within 1 year before the filing of the petition; 7
305	254
306		-	[(q)] (R) “Respondent” means the person alleged in the petition to have 11
307		-	committed the abuse. 12
	255	+	(5) a vulnerable adult; 8
308	256
309		-	[(r)] (S) “Temporary protective order” means a protective order issued under § 13
310		-	4–505 of this subtitle. 14
	257	+	(6) an individual who has a child in common with the respondent; 9
311	258
312		-	[(s)] (T) “Victim” includes a person eligible for relief. 15
	259	+	(7) an individual who has had a sexual relationship with the respondent 10
	260	+	within 1 year before the filing of the petition; and 11
313	261
314		-	~~[(t)]~~ (U) ~~“Vulnerable adult”~~ ~~has~~ the ~~meaning provided in § 14–101(q) of this 16~~
315		-	~~article. 17~~
	262	+	(8) an individual who alleges that the respondent committed, within 6 12
	263	+	months before the filing of the petition, any of the following acts against the individual: 13
316	264
317		-	4–505. 18
	265	+	(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 14
	266	+	3–308 of the Criminal Law Article; or 15
318	267
319		-	(a) (1) (I) If, after a hearing on a petition, whether ex parte or otherwise, a 19
320		-	judge finds that there are reasonable grounds to believe that a person eligible for relief has 20
321		-	been abused, the judge may enter a temporary protective order to protect any person 21
322		-	eligible for relief from abuse. 22
	268	+	(ii) attempted rape or sexual offense in any degree. 16
323	269
324		-	(II) IN DETERMINING WHETHE R THERE ARE REASONAB LE 23
325		-	GROUNDS TO BELIEVE T HAT A PERSON ELIGIBL E FOR RELIEF HAS BEE N ABUSED, 24
326		-	THE JUDGE MAY CONSIDER W HETHER A MILITARY PROTECTIO N ORDER HAS BEEN 25
327		-	ISSUED AGAINST THE RESPONDENT FOR THE SAME OR SIMI LAR CONDUCT AGAINST 26
328		-	THE SAME PERSON ELIGIBLE FOR RELIEF. 27
	270	+	[(n)] (O) (1) “Pet” means a domesticated animal. 17
329	271
330		-	~~4–509~~. 28
	272	+	(2) “Pet” does not include livestock. 18
331	273
332		-	(a) A person may not fail to comply with the relief granted in an interim protective 29
333		-	order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective 30
334		-	order under § 4–505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective 31
335		-	order under § 4–506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle. 32 8 SENATE BILL 273
	274	+	[(o)] (P) (1) “Petitioner” means an individual who files a petition. 19
	275	+
	276	+	(2) “Petitioner” includes: 20
	277	+
	278	+	(i) a person eligible for relief; or 21
	279	+
	280	+	(ii) the following persons who may seek relief from abuse on behalf 22
	281	+	of a minor or vulnerable adult: 23
	282	+
	283	+	1. the State’s Attorney for the county where the child or 24
	284	+	vulnerable adult lives, or, if different, where the abuse is alleged to have taken place; 25
	285	+
	286	+	2. the department of social services that has jurisdiction in 26
	287	+	the county where the child or vulnerable adult lives, or, if different, where the abuse is 27
	288	+	alleged to have taken place; 28 SENATE BILL 273 7
336	289
337	290
338	291
339		-	~~(b)~~ A person ~~who violates subsection (a) of this section is guilty of a misdemeanor~~ 1
340		-	~~and on conviction is subject~~, ~~for each offense, to:~~ 2
	292	+	3. a person related to the child or vulnerable adult by blood, 1
	293	+	marriage, or adoption; and 2
341	294
342		-	(1) for a first offense, a fine not exceeding $1,000 or imprisonment not 3
343		-	exceeding 90 days or both; and 4
	295	+	4. an adult who resides in the home. 3
344	296
345		-	(2) ~~for a second or subsequent offense~~, ~~a fine not exceeding $2,500 or 5~~
346		-	~~imprisonment not exceeding 1 year or both~~. 6
	297	+	[(p)] (Q) “Residence” includes the yard, grounds, outbuildings, and common 4
	298	+	areas surrounding the residence. 5
347	299
348		-	(c) Notwithstanding any other law, a conviction under this section may not merge 7
349		-	with a conviction for any other crime based on the act establishing the violation of this 8
350		-	section. 9
	300	+	[(q)] (R) “Respondent” means the person alleged in the petition to have 6
	301	+	committed the abuse. 7
351	302
352		-	(d) A sentence imposed under this section may be imposed separate from and 10
353		-	consecutive to or concurrent with a sentence for any crime based on the act establishing 11
354		-	the violation of this section. 12
	303	+	[(r)] (S) “Temporary protective order” means a protective order issued under § 8
	304	+	4–505 of this subtitle. 9
355	305
356		-	(e) For the purpose of second or subsequent offender penalties provided under 13
357		-	subsection (b)(2) of this section, a prior conviction under § 3–1508 of the Courts Article shall 14
358		-	be considered a conviction under this section. 15
	306	+	[(s)] (T) “Victim” includes a person eligible for relief. 10
359	307
360		-	(f) (1) An officer shall arrest with or without a warrant and take into custody 16
361		-	a person who the officer has probable cause to believe is in violation of an interim, 17
362		-	temporary, or final protective order in effect at the time of the violation. 18
	308	+	[(t)] (U) “Vulnerable adult” has the meaning provided in § 14–101(q) of this 11
	309	+	article. 12
363	310
364		-	(2) IF AN OFFICER HAS PRO BABLE CAUSE TO BELIE VE THAT AN 19
365		-	INDIVIDUAL DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION IS A SERVICE 20
366		-	MEMBER IN VIOLATION OF A MI LITARY PROTECTION OR DER ENTERED INTO THE 21
367		-	FEDERAL BUREAU OF INVESTIGATION ’S NATIONAL CRIME INFORMATION CENTER 22
368		-	DATABASE, THE OFFICER SHALL NOTIFY THE LAW ENFORCEMENT AGENCY THAT 23
369		-	ENTERED THE MILITARY PROTECTION ORDER INT O THE DATABASE THAT THE 24
370		-	SERVICE MEMBER MAY H AVE VIOLATED THE MILITAR Y PROTECTION ORDER . 25
	311	+	4–505. 13
371	312
372		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
373		-	October 1, 2025. 27
	313	+	(a) (1) (I) If, after a hearing on a petition, whether ex parte or otherwise, a 14
	314	+	judge finds that there are reasonable grounds to believe that a person eligible for relief has 15
	315	+	been abused, the judge may enter a temporary protective order to protect any person 16
	316	+	eligible for relief from abuse. 17
	317	+
	318	+	(II) IN DETERMINING WHETHE R THERE ARE REASONAB LE 18
	319	+	GROUNDS TO BELIEVE T HAT A PERSON ELIGIBL E FOR RELIEF HAS BEE N ABUSED, 19
	320	+	THE JUDGE MAY CONSIDER W HETHER A MILITARY PROTECTIO N ORDER HAS BEEN 20
	321	+	ISSUED AGAINST THE RESPONDENT FOR THE SAME OR SIMILAR CONDUCT AGAINST 21
	322	+	THE SAME PERSON ELIGIBLE FOR RELIEF. 22
	323	+
	324	+	4–509. 23
	325	+
	326	+	(a) A person may not fail to comply with the relief granted in an interim protective 24
	327	+	order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective 25
	328	+	order under § 4–505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective 26
	329	+	order under § 4–506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle. 27
	330	+
	331	+	(b) A person who violates subsection (a) of this section is guilty of a misdemeanor 28
	332	+	and on conviction is subject, for each offense, to: 29
	333	+
	334	+	(1) for a first offense, a fine not exceeding $1,000 or imprisonment not 30
	335	+	exceeding 90 days or both; and 31
	336	+	8 SENATE BILL 273
	337	+
	338	+
	339	+	(2) for a second or subsequent offense, a fine not exceeding $2,500 or 1
	340	+	imprisonment not exceeding 1 year or both. 2
	341	+
	342	+	(c) Notwithstanding any other law, a conviction under this section may not merge 3
	343	+	with a conviction for any other crime based on the act establishing the violation of this 4
	344	+	section. 5
	345	+
	346	+	(d) A sentence imposed under this section may be imposed separate from and 6
	347	+	consecutive to or concurrent with a sentence for any crime based on the act establishing 7
	348	+	the violation of this section. 8
	349	+
	350	+	(e) For the purpose of second or subsequent offender penalties provided under 9
	351	+	subsection (b)(2) of this section, a prior conviction under § 3–1508 of the Courts Article shall 10
	352	+	be considered a conviction under this section. 11
	353	+
	354	+	(f) (1) An officer shall arrest with or without a warrant and take into custody 12
	355	+	a person who the officer has probable cause to believe is in violation of an interim, 13
	356	+	temporary, or final protective order in effect at the time of the violation. 14
	357	+
	358	+	(2) IF AN OFFICER HAS PRO BABLE CAUSE TO BELIE VE THAT AN 15
	359	+	INDIVIDUAL DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION IS A SERVICE 16
	360	+	MEMBER IN VIOLATION OF A MI LITARY PROTECTION OR DER ENTERED INTO THE 17
	361	+	FEDERAL BUREAU OF INVESTIGATION ’S NATIONAL CRIME INFORMATION CENTER 18
	362	+	DATABASE, THE OFFICER SHALL NO TIFY THE LAW ENFORCE MENT AGENCY THAT 19
	363	+	ENTERED THE MILITARY PROTECTION ORDER INT O THE DATABA SE THAT THE 20
	364	+	SERVICE MEMBER MAY H AVE VIOLATED THE MILITAR Y PROTECTION ORDER . 21
	365	+
	366	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
	367	+	October 1, 2025. 23