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 | *sb0280* | |
9 | 6 | ||
10 | 7 | SENATE BILL 280 | |
11 | 8 | P1, E4, D1 5lr0617 | |
12 | - | CF HB 1060 | |
13 | - | By: Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey Bailey, | |
14 | - | Smith, Waldstreicher, Sydnor, West, Muse, Folden, James, Henson, Love, | |
15 | - | McKay, and Charles | |
9 | + | ||
10 | + | By: Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey | |
16 | 11 | Introduced and read first time: January 10, 2025 | |
17 | 12 | Assigned to: Judicial Proceedings and Education, Energy, and the Environment | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | Senate action: Adopted | |
20 | - | Read second time: February 25, 2025 | |
21 | 13 | ||
22 | - | ||
14 | + | A BILL ENTITLED | |
23 | 15 | ||
24 | 16 | AN ACT concerning 1 | |
25 | 17 | ||
26 | 18 | Judicial and Public Safety for Service Members Act 2 | |
27 | 19 | ||
28 | 20 | FOR the purpose of establishing rules of interpretation related to the uniformed services; 3 | |
29 | 21 | altering the rule of interpretation for “veteran”; altering the application of certain 4 | |
30 | 22 | provisions of judicial proceedings, corrections, criminal, family, public safety, and 5 | |
31 | 23 | real property laws to apply to all uniformed services, rather than only the armed 6 | |
32 | 24 | forces; and generally relating to veterans and uniformed services. 7 | |
33 | 25 | ||
34 | 26 | BY repealing and reenacting, with amendments, 8 | |
35 | 27 | Article – Correctional Services 9 | |
36 | 28 | Section 2–109 10 | |
37 | 29 | Annotated Code of Maryland 11 | |
38 | 30 | (2017 Replacement Volume and 2024 Supplement) 12 | |
39 | 31 | ||
40 | 32 | BY repealing and reenacting, with amendments, 13 | |
41 | 33 | Article – Courts and Judicial Proceedings 14 | |
42 | 34 | Section 3–804, 5–642, 7–406, 8–302, and 9–501(a)(8) 15 | |
43 | 35 | Annotated Code of Maryland 16 | |
44 | 36 | (2020 Replacement Volume and 2024 Supplement) 17 | |
45 | 37 | ||
46 | 38 | BY repealing and reenacting, without amendments, 18 | |
47 | 39 | Article – Courts and Judicial Proceedings 19 | |
48 | - | Section 8–101(a) and 9–501(a)(1) 20 2 SENATE BILL 280 | |
40 | + | Section 8–101(a) and 9–501(a)(1) 20 | |
41 | + | Annotated Code of Maryland 21 | |
42 | + | (2020 Replacement Volume and 2024 Supplement) 22 | |
43 | + | ||
44 | + | BY adding to 23 | |
45 | + | Article – Courts and Judicial Proceedings 24 | |
46 | + | Section 8–101(a–1) 25 | |
47 | + | Annotated Code of Maryland 26 | |
48 | + | (2020 Replacement Volume and 2024 Supplement) 27 2 SENATE BILL 280 | |
49 | 49 | ||
50 | 50 | ||
51 | - | Annotated Code of Maryland 1 | |
52 | - | (2020 Replacement Volume and 2024 Supplement) 2 | |
53 | 51 | ||
54 | - | BY | |
55 | - | Article – | |
56 | - | Section | |
57 | - | Annotated Code of Maryland | |
58 | - | ( | |
52 | + | BY repealing and reenacting, without amendments, 1 | |
53 | + | Article – Criminal Law 2 | |
54 | + | Section 1–101(a) and 4–111(a)(1) 3 | |
55 | + | Annotated Code of Maryland 4 | |
56 | + | (2021 Replacement Volume and 2024 Supplement) 5 | |
59 | 57 | ||
60 | - | BY | |
61 | - | Article – Criminal Law | |
62 | - | Section 1–101( | |
63 | - | ||
64 | - | (2021 Replacement Volume and 2024 Supplement) | |
58 | + | BY adding to 6 | |
59 | + | Article – Criminal Law 7 | |
60 | + | Section 1–101(k) and 4–111(a)(8) 8 | |
61 | + | Annotated Code of Maryland 9 | |
62 | + | (2021 Replacement Volume and 2024 Supplement) 10 | |
65 | 63 | ||
66 | - | BY | |
67 | - | Article – Criminal Law | |
68 | - | Section | |
69 | - | Annotated Code of Maryland | |
70 | - | (2021 Replacement Volume and 2024 Supplement) | |
64 | + | BY repealing and reenacting, with amendments, 11 | |
65 | + | Article – Criminal Law 12 | |
66 | + | Section 4–111(a)(8) and (b)(3) and 8–303(a) 13 | |
67 | + | Annotated Code of Maryland 14 | |
68 | + | (2021 Replacement Volume and 2024 Supplement) 15 | |
71 | 69 | ||
72 | - | BY repealing and reenacting, | |
73 | - | Article – | |
74 | - | Section | |
75 | - | Annotated Code of Maryland | |
76 | - | ( | |
70 | + | BY repealing and reenacting, without amendments, 16 | |
71 | + | Article – Family Law 17 | |
72 | + | Section 1–101(a) 18 | |
73 | + | Annotated Code of Maryland 19 | |
74 | + | (2019 Replacement Volume and 2024 Supplement) 20 | |
77 | 75 | ||
78 | - | BY | |
79 | - | Article – Family Law | |
80 | - | Section 1–101( | |
81 | - | Annotated Code of Maryland | |
82 | - | (2019 Replacement Volume and 2024 Supplement) | |
76 | + | BY adding to 21 | |
77 | + | Article – Family Law 22 | |
78 | + | Section 1–101(j), (k), and (o) 23 | |
79 | + | Annotated Code of Maryland 24 | |
80 | + | (2019 Replacement Volume and 2024 Supplement) 25 | |
83 | 81 | ||
84 | - | BY | |
85 | - | Article – Family Law | |
86 | - | Section 1–101(j), (k), and ( | |
87 | - | Annotated Code of Maryland | |
88 | - | (2019 Replacement Volume and 2024 Supplement) | |
82 | + | BY repealing and reenacting, with amendments, 26 | |
83 | + | Article – Family Law 27 | |
84 | + | Section 1–101(j), (k), and (l), 2–405(d), 5–525(b)(3)(i), and 9–108(a) 28 | |
85 | + | Annotated Code of Maryland 29 | |
86 | + | (2019 Replacement Volume and 2024 Supplement) 30 | |
89 | 87 | ||
90 | - | BY | |
91 | - | Article – | |
92 | - | Section 1–101 | |
93 | - | Annotated Code of Maryland | |
94 | - | (2019 Replacement Volume and 2024 Supplement) | |
88 | + | BY adding to 31 | |
89 | + | Article – General Provisions 32 | |
90 | + | Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 33 | |
91 | + | Annotated Code of Maryland 34 | |
92 | + | (2019 Replacement Volume and 2024 Supplement) 35 | |
95 | 93 | ||
96 | - | BY adding to 38 | |
97 | - | Article – General Provisions 39 SENATE BILL 280 3 | |
94 | + | BY repealing and reenacting, with amendments, 36 | |
95 | + | Article – General Provisions 37 | |
96 | + | Section 1–117 38 | |
97 | + | Annotated Code of Maryland 39 SENATE BILL 280 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 1 | |
101 | - | Annotated Code of Maryland 2 | |
102 | - | (2019 Replacement Volume and 2024 Supplement) 3 | |
100 | + | (2019 Replacement Volume and 2024 Supplement) 1 | |
103 | 101 | ||
104 | - | BY repealing and reenacting, | |
105 | - | Article – | |
106 | - | Section 1– | |
107 | - | Annotated Code of Maryland | |
108 | - | ( | |
102 | + | BY repealing and reenacting, without amendments, 2 | |
103 | + | Article – Public Safety 3 | |
104 | + | Section 1–101(a), 2–418(a)(1), 13A–101(a), and 14–101(a) 4 | |
105 | + | Annotated Code of Maryland 5 | |
106 | + | (2022 Replacement Volume and 2024 Supplement) 6 | |
109 | 107 | ||
110 | - | BY | |
111 | - | Article – Public Safety | |
112 | - | Section 1–101(a | |
113 | - | Annotated Code of Maryland | |
114 | - | (2022 Replacement Volume and 2024 Supplement) | |
108 | + | BY adding to 7 | |
109 | + | Article – Public Safety 8 | |
110 | + | Section 1–101(a–1), (a–2), (d–1), (f), and (g) 9 | |
111 | + | Annotated Code of Maryland 10 | |
112 | + | (2022 Replacement Volume and 2024 Supplement) 11 | |
115 | 113 | ||
116 | - | BY adding to 14 | |
117 | - | Article – Public Safety 15 | |
118 | - | Section 1–101(a–1), (a–2), (d–1), (f), and (g) 16 | |
119 | - | Annotated Code of Maryland 17 | |
120 | - | (2022 Replacement Volume and 2024 Supplement) 18 | |
114 | + | BY repealing and reenacting, with amendments, 12 | |
115 | + | Article – Public Safety 13 | |
116 | + | Section 1–202(a–1) and (e), 2–418(a)(2), 3–209(a)(5)(ii), 5–102(4), 5–103(2)(ii), 14 | |
117 | + | 5–117.1(a)(3) and (c)(1)(iii), 5–132(b)(1)(ii), 5–133(d)(2)(iii), 5–134(c)(3), 15 | |
118 | + | 5–137(b)(2), 5–203(a)(1)(ii), 5–204.1(a)(1)(iii), 5–306(a)(1)(ii) and (b)(2), 16 | |
119 | + | 11–105(c), 13–205, 13–215(a), 13–503(b)(2), 13–510(b)(1), (c)(2), and (d), 17 | |
120 | + | 13–601(a)(2), 13–704.1, 13–902(a), 13–904(a), 13A–101(k)(1)(i), 18 | |
121 | + | 13A–506(c)(1)(i), 13A–1009(a)(3)(i), 13A–1041(b)(2), 13A–1102(b)(6), and 19 | |
122 | + | 14–101(d)(2) 20 | |
123 | + | Annotated Code of Maryland 21 | |
124 | + | (2022 Replacement Volume and 2024 Supplement) 22 | |
121 | 125 | ||
122 | - | BY repealing and reenacting, with amendments, 19 | |
123 | - | Article – Public Safety 20 | |
124 | - | Section 1–202(a–1) and (e), 2–418(a)(2), 3–209(a)(5)(ii), 5–102(4), 5–103(2)(ii), 21 | |
125 | - | 5–117.1(a)(3) and (c)(1)(iii), 5–132(b)(1)(ii), 5–133(d)(2)(iii), 5–134(c)(3), 22 | |
126 | - | 5–137(b)(2), 5–203(a)(1)(ii), 5–204.1(a)(1)(iii), 5–306(a)(1)(ii) and (b)(2), 23 | |
127 | - | 11–105(c), 13–205, 13–215(a), 13–503(b)(2), 13–510(b)(1), (c)(2), and (d), 24 | |
128 | - | 13–601(a)(2), 13–704.1, 13–902(a), 13–904(a), 13A–101(k)(1)(i), 25 | |
129 | - | 13A–506(c)(1)(i), 13A–1009(a)(3)(i), 13A–1041(b)(2), 13A–1102(b)(6), and 26 | |
130 | - | 14–101(d)(2) 27 | |
131 | - | Annotated Code of Maryland 28 | |
132 | - | (2022 Replacement Volume and 2024 Supplement) 29 | |
126 | + | BY repealing and reenacting, with amendments, 23 | |
127 | + | Article – Real Property 24 | |
128 | + | Section 8–212.1 25 | |
129 | + | Annotated Code of Maryland 26 | |
130 | + | (2023 Replacement Volume and 2024 Supplement) 27 | |
133 | 131 | ||
134 | - | BY repealing and reenacting, with amendments, | |
135 | - | Article – | |
136 | - | Section | |
137 | - | Annotated Code of Maryland | |
138 | - | ( | |
132 | + | BY repealing and reenacting, with amendments, 28 | |
133 | + | Article – State Government 29 | |
134 | + | Section 9–901 30 | |
135 | + | Annotated Code of Maryland 31 | |
136 | + | (2021 Replacement Volume and 2024 Supplement) 32 | |
139 | 137 | ||
140 | - | BY repealing and reenacting, with amendments, 35 | |
141 | - | Article – State Government 36 | |
142 | - | Section 9–901 37 | |
143 | - | Annotated Code of Maryland 38 | |
144 | - | (2021 Replacement Volume and 2024 Supplement) 39 | |
145 | - | 4 SENATE BILL 280 | |
138 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33 | |
139 | + | That the Laws of Maryland read as follows: 34 | |
140 | + | ||
141 | + | Article – Correctional Services 35 | |
142 | + | ||
143 | + | 2–109. 36 | |
144 | + | ||
145 | + | (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 37 | |
146 | + | INDICATED. 38 4 SENATE BILL 280 | |
146 | 147 | ||
147 | 148 | ||
148 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
149 | - | That the Laws of Maryland read as follows: 2 | |
150 | 149 | ||
151 | - | Article – Correctional Services 3 | |
150 | + | (2) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 1 | |
151 | + | OF THE STATE GOVERNMENT ARTICLE. 2 | |
152 | 152 | ||
153 | - | 2–109. 4 | |
153 | + | (3) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 3 | |
154 | + | OF THE STATE GOVERNMENT ARTICLE. 4 | |
154 | 155 | ||
155 | - | ( | |
156 | - | ||
156 | + | (4) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 5 | |
157 | + | GOVERNMENT ARTICLE. 6 | |
157 | 158 | ||
158 | - | (2) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 7 | |
159 | - | OF THE STATE GOVERNMENT ARTICLE. 8 | |
159 | + | (B) The Secretary shall adopt regulations for the office of the Secretary. 7 | |
160 | 160 | ||
161 | - | ( | |
162 | - | ||
161 | + | [(b)] (C) (1) The Secretary shall review regulations proposed by a unit in the 8 | |
162 | + | Department. 9 | |
163 | 163 | ||
164 | - | ( | |
165 | - | ||
164 | + | (2) The Secretary may approve, disapprove, or revise regulations proposed 10 | |
165 | + | by a unit in the Department. 11 | |
166 | 166 | ||
167 | - | (B) The Secretary shall adopt regulations for the office of the Secretary. 13 | |
167 | + | [(c)] (D) (1) Except as provided in paragraph (2) of this subsection, the 12 | |
168 | + | Secretary shall adopt regulations to govern the policies and management of correctional 13 | |
169 | + | facilities in the Department in accordance with Title 10, Subtitle 1 of the State Government 14 | |
170 | + | Article. 15 | |
168 | 171 | ||
169 | - | ||
170 | - | ||
172 | + | (2) Paragraph (1) of this subsection does not apply to a guideline pertaining 16 | |
173 | + | to the routine internal management of correctional facilities in the Division of Correction. 17 | |
171 | 174 | ||
172 | - | ( | |
173 | - | ||
175 | + | (3) (i) Subject to subparagraph (ii) of this paragraph, the Secretary 18 | |
176 | + | shall adopt regulations that provide for a requirement that: 19 | |
174 | 177 | ||
175 | - | [(c)] (D) (1) Except as provided in paragraph (2) of this subsection, the 18 | |
176 | - | Secretary shall adopt regulations to govern the policies and management of correctional 19 | |
177 | - | facilities in the Department in accordance with Title 10, Subtitle 1 of the State Government 20 | |
178 | - | Article. 21 | |
178 | + | 1. a correctional officer hired on or after October 1, 2007, for 20 | |
179 | + | employment in any unit of the Division of Correction shall be at least 21 years old; and 21 | |
179 | 180 | ||
180 | - | (2) Paragraph (1) of this subsection does not apply to a guideline pertaining 22 | |
181 | - | to the routine internal management of correctional facilities in the Division of Correction. 23 | |
181 | + | 2. a correctional officer hired on or after October 1, 2008, for 22 | |
182 | + | employment in any unit of the Division of Pretrial Detention and Services or the Patuxent 23 | |
183 | + | Institution shall be at least 21 years old. 24 | |
182 | 184 | ||
183 | - | (3) (i) Subject to subparagraph (ii) of this paragraph, the Secretary 24 | |
184 | - | shall adopt regulations that provide for a requirement that: 25 | |
185 | + | (ii) The regulations adopted under subparagraph (i) of thi s 25 | |
186 | + | paragraph shall exempt any [honorably discharged] veteran or HONORABLY 26 | |
187 | + | DISCHARGED reserve COMPONENT member of the [United States armed forces] 27 | |
188 | + | UNIFORMED SERVICES from the minimum age requirement. 28 | |
185 | 189 | ||
186 | - | 1. a correctional officer hired on or after October 1, 2007, for 26 | |
187 | - | employment in any unit of the Division of Correction shall be at least 21 years old; and 27 | |
190 | + | Article – Courts and Judicial Proceedings 29 | |
188 | 191 | ||
189 | - | 2. a correctional officer hired on or after October 1, 2008, for 28 | |
190 | - | employment in any unit of the Division of Pretrial Detention and Services or the Patuxent 29 | |
191 | - | Institution shall be at least 21 years old. 30 | |
192 | + | 3–804. 30 | |
192 | 193 | SENATE BILL 280 5 | |
193 | 194 | ||
194 | 195 | ||
195 | - | (ii) The regulations adopted under subparagraph (i) of this 1 | |
196 | - | paragraph shall exempt any [honorably discharged] veteran or HONORABLY 2 | |
197 | - | DISCHARGED reserve COMPONENT member of the [United States armed forces] 3 | |
198 | - | UNIFORMED SERVICES from the minimum age requirement. 4 | |
196 | + | (A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 1 | |
197 | + | IN § 9–901 OF THE STATE GOVERNMENT ARTICLE. 2 | |
199 | 198 | ||
200 | - | Article – Courts and Judicial Proceedings 5 | |
199 | + | [(a)] (B) (1) Except as provided in paragraph (2) of this subsection, the court 3 | |
200 | + | has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary 4 | |
201 | + | placement is under the age of 18 years when the petition is filed. 5 | |
201 | 202 | ||
202 | - | ||
203 | + | (2) The court has jurisdiction under this subtitle over a former CINA: 6 | |
203 | 204 | ||
204 | - | (A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 7 | |
205 | - | IN § 9–901 OF THE STATE GOVERNMENT ARTICLE. 8 | |
205 | + | (i) Whose commitment to the local department was rescinded after 7 | |
206 | + | the individual reached the age of 18 years but before the individual reached the age of 20 8 | |
207 | + | years and 6 months; and 9 | |
206 | 208 | ||
207 | - | [(a)] (B) (1) Except as provided in paragraph (2) of this subsection, the court 9 | |
208 | - | has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary 10 | |
209 | - | placement is under the age of 18 years when the petition is filed. 11 | |
209 | + | (ii) Who did not exit foster care due to reunification, adoption, 10 | |
210 | + | guardianship, marriage, or [military duty] SERVICE IN THE UNIFORMED SER VICES. 11 | |
210 | 211 | ||
211 | - | (2) The court has jurisdiction under this subtitle over a former CINA: 12 | |
212 | + | [(b)] (C) If the court obtains jurisdiction over a child, that jurisdiction continues 12 | |
213 | + | in that case until the child reaches the age of 21 years, unless the court terminates the case. 13 | |
212 | 214 | ||
213 | - | (i) Whose commitment to the local department was rescinded after 13 | |
214 | - | the individual reached the age of 18 years but before the individual reached the age of 20 14 | |
215 | - | years and 6 months; and 15 | |
215 | + | [(c)] (D) After the court terminates jurisdiction, a custody order issued by the 14 | |
216 | + | court in a CINA case: 15 | |
216 | 217 | ||
217 | - | (ii) Who did not exit foster care due to reunification, adoption, 16 | |
218 | - | guardianship, marriage, or [military duty] SERVICE IN THE UNIFORMED SER VICES 17 | |
219 | - | UNIFORMED SERVICES D UTY. 18 | |
218 | + | (1) Remains in effect; and 16 | |
220 | 219 | ||
221 | - | ||
222 | - | ||
220 | + | (2) May be revised or superseded only by another court of competent 17 | |
221 | + | jurisdiction. 18 | |
223 | 222 | ||
224 | - | [(c)] (D) After the court terminates jurisdiction, a custody order issued by the 21 | |
225 | - | court in a CINA case: 22 | |
223 | + | [(d)] (E) Notwithstanding subsection [(b)] (C) of this section, if the court enters 19 | |
224 | + | an order directing the provision of services to a child under § 3–819(c)(3) or § 20 | |
225 | + | 3–823(h)(2)(vii) of this subtitle, the court retains jurisdiction to rule on any motion related 21 | |
226 | + | to the enforcement, modification, or termination of the order, for as long as the order is 22 | |
227 | + | effective. 23 | |
226 | 228 | ||
227 | - | ||
229 | + | 5–642. 24 | |
228 | 230 | ||
229 | - | ( | |
230 | - | ||
231 | + | (a) IN THIS SECTION, “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF 25 | |
232 | + | THE STATE GOVERNMENT ARTICLE. 26 | |
231 | 233 | ||
232 | - | | |
233 | - | ||
234 | - | ||
235 | - | ||
236 | - | ||
234 | + | (B) A licensed funeral establishment or holder of a permit to engage in the 27 | |
235 | + | business of a crematory who acts in good faith is not civilly liable for transferring the 28 | |
236 | + | unclaimed cremated remains of a veteran or an eligible dependent of a veteran to a veterans 29 | |
237 | + | service organization for purposes of disposition as provided in § 5–803 of the Business 30 | |
238 | + | Regulation Article and § 7–406 of the Health Occupations Article. 31 | |
237 | 239 | ||
238 | - | ||
239 | - | 6 SENATE BILL 280 | |
240 | + | [(b)] (C) A veterans service organization that acts in good faith is not civilly 32 | |
241 | + | liable for receiving the unclaimed cremated remains of a veteran or an eligible dependent 33 6 SENATE BILL 280 | |
240 | 242 | ||
241 | 243 | ||
242 | - | ||
243 | - | THE | |
244 | + | of a veteran for purposes of disposition as provided in § 5–803 of the Business Regulation 1 | |
245 | + | Article and § 7–406 of the Health Occupations Article. 2 | |
244 | 246 | ||
245 | - | (B) A licensed funeral establishment or holder of a permit to engage in the 3 | |
246 | - | business of a crematory who acts in good faith is not civilly liable for transferring the 4 | |
247 | - | unclaimed cremated remains of a veteran or an eligible dependent of a veteran to a veterans 5 | |
248 | - | service organization for purposes of disposition as provided in § 5–803 of the Business 6 | |
249 | - | Regulation Article and § 7–406 of the Health Occupations Article. 7 | |
247 | + | 7–406. 3 | |
250 | 248 | ||
251 | - | [(b)] (C) A veterans service organization that acts in good faith is not civilly 8 | |
252 | - | liable for receiving the unclaimed cremated remains of a veteran or an eligible dependent 9 | |
253 | - | of a veteran for purposes of disposition as provided in § 5–803 of the Business Regulation 10 | |
254 | - | Article and § 7–406 of the Health Occupations Article. 11 | |
249 | + | (a) In this section, [“armed forces” means the armed forces of the United States] 4 | |
250 | + | “UNIFORMED SERVICES ” HAS THE MEANING STATED IN § 9–901 OF THE STATE 5 | |
251 | + | GOVERNMENT ARTICLE. 6 | |
255 | 252 | ||
256 | - | 7 | |
253 | + | (b) A clerk of court shall provide without charge: 7 | |
257 | 254 | ||
258 | - | (a) (1) In this section, [“armed forces” means the armed forces of the United 13 | |
259 | - | States] “UNIFORMED SERVICES ” HAS THE FOLLOWING WORDS HAVE THE MEANINGS 14 | |
260 | - | INDICATED. 15 | |
255 | + | (1) A copy of any paper or record in the clerk’s office that is requested by a 8 | |
256 | + | former or active [armed forces] member OF THE UNIFORMED SERVICES, in person, or by 9 | |
257 | + | the United States government, if the copy is to be used in connection with a claim of the 10 | |
258 | + | member against the United States government; 11 | |
261 | 259 | ||
262 | - | (2) | |
263 | - | ||
260 | + | (2) A copy of a marriage record of a former or active [armed forces] member 12 | |
261 | + | OF THE UNIFORME D SERVICES that is requested by the member; and 13 | |
264 | 262 | ||
265 | - | (3) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 18 | |
266 | - | STATE GOVERNMENT ARTICLE. 19 | |
263 | + | (3) A copy of a marriage record of a former or active [armed forces] member 14 | |
264 | + | OF THE UNIFORMED SER VICES or of a surviving spouse or child of the member that is 15 | |
265 | + | requested, if the copy is to be used in connection with a claim for a dependent or beneficiary 16 | |
266 | + | of the member. 17 | |
267 | 267 | ||
268 | - | ||
268 | + | 8–101. 18 | |
269 | 269 | ||
270 | - | (1) A copy of any paper or record in the clerk’s office that is requested by a 21 | |
271 | - | former or active [armed forces] SERVICE member OF THE UNIFORMED SERVICES, in 22 | |
272 | - | person, or by the United States government, if the copy is to be used in connection with a 23 | |
273 | - | claim of the FORMER OR ACTIVE SER VICE member against the United States 24 | |
274 | - | government; 25 | |
270 | + | (a) In this title the following words have the meanings indicated. 19 | |
275 | 271 | ||
276 | - | (2) A copy of a marriage record of a former or active [armed forces] 26 | |
277 | - | SERVICE member OF THE UNIFORMED SER VICES that is requested by the FORMER OR 27 | |
278 | - | ACTIVE SERVICE member; and 28 | |
272 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 20 | |
273 | + | GOVERNMENT ARTICLE. 21 | |
279 | 274 | ||
280 | - | (3) A copy of a marriage record of a former or active [armed forces] 29 | |
281 | - | SERVICE member OF THE UNIFORMED SER VICES or of a surviving spouse or child of the 30 | |
282 | - | FORMER OR ACTIVE SER VICE member that is requested, if the copy is to be used in 31 | |
283 | - | connection with a claim for a dependent or beneficiary of the FORMER OR ACTIVE 32 | |
284 | - | SERVICE member. 33 | |
275 | + | 8–302. 22 | |
285 | 276 | ||
286 | - | 8–101. 34 SENATE BILL 280 7 | |
277 | + | (a) In accordance with an agreement, if any, under § 8–213 of this title, a juror 23 | |
278 | + | qualification form in substantially the following form shall be provided to each prospective 24 | |
279 | + | juror: 25 | |
280 | + | ||
281 | + | Juror Qualification Form 26 | |
282 | + | ||
283 | + | Name: 27 | |
284 | + | ||
285 | + | Resident address: 28 | |
286 | + | ||
287 | + | Telephone: (home) _________ (work) _________ (cellular) _______ 29 | |
288 | + | ||
289 | + | Age: _____ Date of Birth:__________ 30 SENATE BILL 280 7 | |
287 | 290 | ||
288 | 291 | ||
289 | 292 | ||
290 | - | (a) In this title the following words have the meanings indicated. 1 | |
293 | + | If you are over 70 years of age, do you wish to be exempted from jury services? 1 | |
294 | + | _____Yes _____No 2 | |
291 | 295 | ||
292 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 2 | |
293 | - | GOVERNMENT ARTICLE. 3 | |
296 | + | U.S. Citizen? _____Yes _____No 3 | |
294 | 297 | ||
295 | - | ||
298 | + | Able to comprehend, read, speak, and write English? _____Yes _____No 4 | |
296 | 299 | ||
297 | - | (a) In accordance with an agreement, if any, under § 8–213 of this title, a juror 5 | |
298 | - | qualification form in substantially the following form shall be provided to each prospective 6 | |
299 | - | juror: 7 | |
300 | + | Highest level of education completed: 5 | |
300 | 301 | ||
301 | - | ||
302 | + | ___ high school ___ college ___ graduate school ___ other 6 | |
302 | 303 | ||
303 | - | | |
304 | + | Occupation of prospective juror: __________ 7 | |
304 | 305 | ||
305 | - | | |
306 | + | Name of employer: ___________ 8 | |
306 | 307 | ||
307 | - | | |
308 | + | Occupation of spouse, if any: __________ 9 | |
308 | 309 | ||
309 | - | | |
310 | + | Disability preventing satisfactory jury service? _____Yes _____No 10 | |
310 | 311 | ||
311 | - | If you are over 70 years of age, do you wish to be exempted from jury services?13 | |
312 | + | Do you want an accommodation under the federal Americans with Disabilities 11 | |
313 | + | Act? _____Yes _____No 12 | |
314 | + | ||
315 | + | Pending charge for a crime punishable by imprisonment exceeding 1 year? 13 | |
312 | 316 | _____Yes _____No 14 | |
313 | 317 | ||
314 | - | U.S. Citizen? _____Yes _____No 15 | |
318 | + | Conviction of crime punishable by imprisonment exceeding 1 year and received 15 | |
319 | + | a sentence of imprisonment for more than 1 year and not legally pardoned? 16 | |
320 | + | _____Yes _____No 17 | |
315 | 321 | ||
316 | - | | |
322 | + | Date of Conviction __________ 18 | |
317 | 323 | ||
318 | - | Highest level of education completed: 17 | |
324 | + | _____Elected official of the federal Legislative Branch, as defined in 2 U.S.C. § 19 | |
325 | + | 30a. 20 | |
319 | 326 | ||
320 | - | ___ high school ___ college ___ graduate school ___ other 18 | |
327 | + | _____Active duty member of armed forces, AS DEFINED IN § 9–901 OF THE STATE 21 | |
328 | + | GOVERNMENT ARTICLE, exempted in accordance with 10 U.S.C. § 982. 22 | |
321 | 329 | ||
322 | - | Occupation of prospective juror: __________ 19 | |
330 | + | _____ACTIVE DUTY MEMBER OF THE C OMMISSIONED CORPS OF THE NATIONAL 23 | |
331 | + | OCEANIC AND ATMOSPHERIC ADMINISTRATION, EXEMPTED IN ACCORDAN CE 24 | |
332 | + | WITH 10 U.S.C. § 982, AS MADE APPLICABLE B Y 33 U.S.C. § 307(A)(6). 25 | |
323 | 333 | ||
324 | - | Name of employer: ___________ 20 | |
334 | + | _____Member of Maryland’s organized militia exempted in accordance with 26 | |
335 | + | Public Safety Article § 13–218. 27 | |
325 | 336 | ||
326 | - | Occupation of spouse, if any: __________ 21 | |
327 | - | ||
328 | - | Disability preventing satisfactory jury service? _____Yes _____No 22 | |
329 | - | ||
330 | - | Do you want an accommodation under the federal Americans with Disabilities23 | |
331 | - | Act? _____Yes _____No 24 | |
332 | - | ||
333 | - | Pending charge for a crime punishable by imprisonment exceeding 1 year?25 | |
334 | - | _____Yes _____No 26 | |
337 | + | Prior jury service within 3 preceding years: __________ 28 | |
335 | 338 | 8 SENATE BILL 280 | |
336 | 339 | ||
337 | 340 | ||
338 | - | Conviction of crime punishable by imprisonment exceeding 1 year and received1 | |
339 | - | a sentence of imprisonment for more than 1 year and not legally pardoned?2 | |
340 | - | _____Yes _____No 3 | |
341 | + | Form completed by me _____ Another (name) _____ and, if another, why? 1 | |
341 | 342 | ||
342 | - | Date of Conviction __________ 4 | |
343 | + | Under the penalties of perjury, the responses are true to the best of my 2 | |
344 | + | knowledge 3 | |
343 | 345 | ||
344 | - | _____Elected official of the federal Legislative Branch, as defined in 2 U.S.C. §5 | |
345 | - | 30a. 6 | |
346 | + | Signed:________________________________________________ 4 | |
346 | 347 | ||
347 | - | _____Active duty member of armed forces, AS DEFINED IN § 9–901 OF THE STATE 7 | |
348 | - | GOVERNMENT ARTICLE, exempted in accordance with 10 U.S.C. § 982. 8 | |
348 | + | Prospective Juror 5 | |
349 | 349 | ||
350 | - | _____ACTIVE DUTY MEMBER OF THE COMMISSIONED COR PS OF THE NATIONAL9 | |
351 | - | OCEANIC AND ATMOSPHERIC ADMINISTRATION , EXEMPTED IN ACCORDAN CE10 | |
352 | - | WITH 10 U.S.C. § 982, AS MADE APPLICABLE B Y 33 U.S.C. § 307(A)(6). 11 | |
350 | + | Individual completing form for prospective juror: 6 | |
353 | 351 | ||
354 | - | _____Member of Maryland’s organized militia exempted in accordance with12 | |
355 | - | Public Safety Article § 13–218. 13 | |
352 | + | This form must be completed, signed, and returned to the jury commissioner within 10 days 7 | |
353 | + | after receipt. Documentation for excusal due to disability, exemption based on armed forces 8 | |
354 | + | or militia service, pardons, and/or prior jury service must be attached. 9 | |
356 | 355 | ||
357 | - | Prior jury service within 3 preceding years: __________ 14 | |
356 | + | (b) A juror qualification form for a county may include other questions as the 10 | |
357 | + | county’s jury plan requires. 11 | |
358 | 358 | ||
359 | - | ||
359 | + | 9–501. 12 | |
360 | 360 | ||
361 | - | | |
361 | + | (a) (1) In this section the following words have the meanings indicated. 13 | |
362 | 362 | ||
363 | - | Signed:________________________________________________ 17 | |
363 | + | (8) “Veteran” [means a person who served on active duty in the uniformed 14 | |
364 | + | services of the United States, other than for training, and was discharged or released under 15 | |
365 | + | conditions other than dishonorable] HAS THE MEANING STAT ED IN § 9–901 OF THE 16 | |
366 | + | STATE GOVERNMEN T ARTICLE. 17 | |
364 | 367 | ||
365 | - | ||
368 | + | Article – Criminal Law 18 | |
366 | 369 | ||
367 | - | ||
370 | + | 1–101. 19 | |
368 | 371 | ||
369 | - | This form must be completed, signed, and returned to the jury commissioner within 10 days 20 | |
370 | - | after receipt. Documentation for excusal due to disability, exemption based on armed forces 21 | |
371 | - | or militia service, pardons, and/or prior jury service must be attached. 22 | |
372 | + | (a) In this article the following words have the meanings indicated. 20 | |
372 | 373 | ||
373 | - | ( | |
374 | - | ||
374 | + | (K) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 21 | |
375 | + | GOVERNMENT ARTICLE. 22 | |
375 | 376 | ||
376 | - | ||
377 | + | 4–111. 23 | |
377 | 378 | ||
378 | - | (a) (1) In this section the following words have the meanings indicated. | |
379 | + | (a) (1) In this section the following words have the meanings indicated. 24 | |
379 | 380 | ||
380 | - | (8) “Veteran” [means a person who served on active duty in the uniformed 27 | |
381 | - | services of the United States, other than for training, and was discharged or released under 28 | |
382 | - | conditions other than dishonorable] HAS THE MEANING STAT ED IN § 9–901 OF THE 29 | |
383 | - | STATE GOVERNMENT ARTICLE. 30 SENATE BILL 280 9 | |
381 | + | (8) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 25 | |
382 | + | STATE GOVERNMENT ARTICLE. 26 | |
383 | + | ||
384 | + | [(8)] (9) “Special purpose area” means: 27 | |
385 | + | SENATE BILL 280 9 | |
386 | + | ||
387 | + | ||
388 | + | (i) a location licensed to sell or dispense alcohol or cannabis for 1 | |
389 | + | on–site consumption; 2 | |
390 | + | ||
391 | + | (ii) a stadium; 3 | |
392 | + | ||
393 | + | (iii) a museum; 4 | |
394 | + | ||
395 | + | (iv) an amusement park; 5 | |
396 | + | ||
397 | + | (v) a racetrack; or 6 | |
398 | + | ||
399 | + | (vi) a video lottery facility, as defined in § 9–1A–01 of the State 7 | |
400 | + | Government Article. 8 | |
401 | + | ||
402 | + | (b) This section does not apply to: 9 | |
403 | + | ||
404 | + | (3) a SERVICE member [of the armed forces of the United States, the 10 | |
405 | + | National Guard, or the uniformed services] on duty or traveling to or from duty; 11 | |
406 | + | ||
407 | + | 8–303. 12 | |
408 | + | ||
409 | + | (a) (1) In this section[, “government] THE FOLLOWING WORDS HAVE THE 13 | |
410 | + | MEANINGS INDICATED . 14 | |
411 | + | ||
412 | + | (2) “GOVERNMENT identification document” means one of the following 15 | |
413 | + | documents issued by the United States government or any state or local government: 16 | |
414 | + | ||
415 | + | [(1)] (I) a passport; 17 | |
416 | + | ||
417 | + | [(2)] (II) an immigration visa; 18 | |
418 | + | ||
419 | + | [(3)] (III) an alien registration card; 19 | |
420 | + | ||
421 | + | [(4)] (IV) an employment authorization card; 20 | |
422 | + | ||
423 | + | [(5)] (V) a birth certificate; 21 | |
424 | + | ||
425 | + | [(6)] (VI) a Social Security card; 22 | |
426 | + | ||
427 | + | [(7)] (VII) a [military] UNIFORMED SERVICES identification; 23 | |
428 | + | ||
429 | + | [(8)] (VIII) an adoption decree; 24 | |
430 | + | ||
431 | + | [(9)] (IX) a marriage license; 25 | |
432 | + | ||
433 | + | [(10)] (X) a driver’s license; or 26 10 SENATE BILL 280 | |
384 | 434 | ||
385 | 435 | ||
386 | 436 | ||
387 | - | ||
437 | + | [(11)] (XI) a photo identification card. 1 | |
388 | 438 | ||
389 | - | 1–101. 2 | |
439 | + | (3) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 2 | |
440 | + | OF THE STATE GOVERNMENT ARTICLE. 3 | |
390 | 441 | ||
391 | - | (a) In this article the following words have the meanings indicated. 3 | |
392 | - | ||
393 | - | (K) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 4 | |
394 | - | GOVERNMENT ARTICLE. 5 | |
395 | - | ||
396 | - | 4–111. 6 | |
397 | - | ||
398 | - | (a) (1) In this section the following words have the meanings indicated. 7 | |
399 | - | ||
400 | - | (8) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 8 | |
401 | - | STATE GOVERNMENT ARTICLE. 9 | |
402 | - | ||
403 | - | [(8)] (9) “Special purpose area” means: 10 | |
404 | - | ||
405 | - | (i) a location licensed to sell or dispense alcohol or cannabis for 11 | |
406 | - | on–site consumption; 12 | |
407 | - | ||
408 | - | (ii) a stadium; 13 | |
409 | - | ||
410 | - | (iii) a museum; 14 | |
411 | - | ||
412 | - | (iv) an amusement park; 15 | |
413 | - | ||
414 | - | (v) a racetrack; or 16 | |
415 | - | ||
416 | - | (vi) a video lottery facility, as defined in § 9–1A–01 of the State 17 | |
417 | - | Government Article. 18 | |
418 | - | ||
419 | - | (b) This section does not apply to: 19 | |
420 | - | ||
421 | - | (3) a SERVICE member [of the armed forces of the United States, the 20 | |
422 | - | National Guard, or the uniformed services] on duty or traveling to or from duty; 21 | |
423 | - | ||
424 | - | 8–303. 22 | |
425 | - | ||
426 | - | (a) (1) In this section[, “government] THE FOLLOWING WORDS HAVE THE 23 | |
427 | - | MEANINGS INDICATED . 24 | |
428 | - | ||
429 | - | (2) “GOVERNMENT identification document” means one of the following 25 | |
430 | - | documents issued by the United States government or any state or local government: 26 | |
431 | - | 10 SENATE BILL 280 | |
432 | - | ||
433 | - | ||
434 | - | [(1)] (I) a passport; 1 | |
435 | - | ||
436 | - | [(2)] (II) an immigration visa; 2 | |
437 | - | ||
438 | - | [(3)] (III) an alien registration card; 3 | |
439 | - | ||
440 | - | [(4)] (IV) an employment authorization card; 4 | |
441 | - | ||
442 | - | [(5)] (V) a birth certificate; 5 | |
443 | - | ||
444 | - | [(6)] (VI) a Social Security card; 6 | |
445 | - | ||
446 | - | [(7)] (VII) a [military] UNIFORMED SERVICES identification; 7 | |
447 | - | ||
448 | - | [(8)] (VIII) an adoption decree; 8 | |
449 | - | ||
450 | - | [(9)] (IX) a marriage license; 9 | |
451 | - | ||
452 | - | [(10)] (X) a driver’s license; or 10 | |
453 | - | ||
454 | - | [(11)] (XI) a photo identification card. 11 | |
455 | - | ||
456 | - | (3) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 12 | |
457 | - | OF THE STATE GOVERNMENT ARTICLE. 13 | |
458 | - | ||
459 | - | Article – Family Law 14 | |
460 | - | ||
461 | - | 1–101. 15 | |
462 | - | ||
463 | - | (a) In this article the following words have the meanings indicated. 16 | |
464 | - | ||
465 | - | (J) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 17 | |
466 | - | STATE GOVERNMENT ARTICLE. 18 | |
467 | - | ||
468 | - | (K) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 19 | |
469 | - | STATE GOVERNMENT ARTICLE. 20 | |
470 | - | ||
471 | - | [(j)] (L) “State” means, except in Title 10, Subtitle 3 of this article: 21 | |
472 | - | ||
473 | - | (1) a state, commonwealth, possession, or territory of the United States; or 22 | |
474 | - | ||
475 | - | (2) the District of Columbia. 23 | |
476 | - | ||
477 | - | [(k)] (M) “Summons” includes a subpoena. 24 | |
478 | - | SENATE BILL 280 11 | |
479 | - | ||
480 | - | ||
481 | - | [(l)] (N) “Support” includes maintenance. 1 | |
482 | - | ||
483 | - | (O) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 2 | |
484 | - | STATE GOVERNMENT ARTICLE. 3 | |
485 | - | ||
486 | - | 2–405. 4 | |
487 | - | ||
488 | - | (d) (1) Except as provided in paragraph (2) of this subsection, a license is not 5 | |
489 | - | effective until 6 a.m. on the second calendar day after the license is issued. 6 | |
490 | - | ||
491 | - | (2) For good cause shown, a judge of the circuit court for the county in 7 | |
492 | - | which the application is made may sign an authorization for a license to become effective 8 | |
493 | - | at a time before the waiting period expires, as stated in the authorization, if 1 of the parties 9 | |
494 | - | to be married is: 10 | |
495 | - | ||
496 | - | (i) a resident of this State; or 11 | |
497 | - | ||
498 | - | (ii) a SERVICE member [of the United States armed forces]. 12 | |
499 | - | ||
500 | - | 5–525. 13 | |
501 | - | ||
502 | - | (b) (3) (i) The Administration shall establish a program of out–of–home 14 | |
503 | - | placement for former CINAs: 15 | |
504 | - | ||
505 | - | 1. whose commitment to a local department was rescinded 16 | |
506 | - | after the individuals reached the age of 18 years but before the individuals reached the age 17 | |
507 | - | of 20 years and 6 months; and 18 | |
508 | - | ||
509 | - | 2. who did not exit foster care due to reunification, adoption, 19 | |
510 | - | guardianship, marriage, or [military duty] SERVICE IN THE UNIFORMED SER VICES 20 | |
511 | - | UNIFORME D SERVICES DUTY . 21 | |
512 | - | ||
513 | - | 9–108. 22 | |
514 | - | ||
515 | - | (a) (1) In this section[: 23 | |
516 | - | ||
517 | - | (1)], “deployment” means compliance with [military] OFFICIAL orders 24 | |
518 | - | received by a SERVICE member [of the United States Army, Navy, Air Force, Marine Corps, 25 | |
519 | - | Space Force, Coast Guard, National Guard, or any other Reserve component] to report for 26 | |
520 | - | combat operations or other active service for which the SERVICE member is required to 27 | |
521 | - | report unaccompanied by any family member or that is classified by the SERVICE member’s 28 | |
522 | - | branch as remote[; and]. 29 | |
523 | - | ||
524 | - | (2) [“deployment”] “DEPLOYMENT ” does not include [National Guard or 30 | |
525 | - | Reserve] RESERVE COMPONENT annual training, inactive duty days, or drill weekends. 31 | |
526 | - | 12 SENATE BILL 280 | |
527 | - | ||
528 | - | ||
529 | - | Article – General Provisions 1 | |
530 | - | ||
531 | - | 1–101.1. 2 | |
532 | - | ||
533 | - | “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 3 | |
534 | - | GOVERNMENT ARTICLE. 4 | |
535 | - | ||
536 | - | 1–101.2. 5 | |
537 | - | ||
538 | - | “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 6 | |
539 | - | STATE GOVERNMENT ARTICLE. 7 | |
540 | - | ||
541 | - | 1–103.1. 8 | |
542 | - | ||
543 | - | “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 9 | |
544 | - | GOVERNMENT ARTICLE. 10 | |
545 | - | ||
546 | - | 1–114.1. 11 | |
547 | - | ||
548 | - | “RESERVE COMPONENT ” HAS THE MEANING STATED IN § 9–901 OF THE STATE 12 | |
549 | - | GOVERNMENT ARTICLE. 13 | |
550 | - | ||
551 | - | 1–114.2. 14 | |
552 | - | ||
553 | - | “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 15 | |
554 | - | GOVERNMENT ARTICLE. 16 | |
555 | - | ||
556 | - | 1–116. 17 | |
557 | - | ||
558 | - | “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 18 | |
559 | - | GOVERNMENT ARTICLE. 19 | |
560 | - | ||
561 | - | 1–117. 20 | |
562 | - | ||
563 | - | (A) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 21 | |
564 | - | GOVERNMENT ARTICLE. 22 | |
565 | - | ||
566 | - | (B) With respect to any State program of benefits, rights, or privileges applicable 23 | |
567 | - | to a veteran under this Code, “veteran” includes[, if the individual is eligible under 38 24 | |
568 | - | U.S.C. § 101, a member of the commissioned corps of: 25 | |
569 | - | ||
570 | - | (1) the Public Health Service; or 26 | |
571 | - | SENATE BILL 280 13 | |
572 | - | ||
573 | - | ||
574 | - | (2) the National Oceanic and Atmospheric Administration or its 1 | |
575 | - | predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 2 | |
576 | - | DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 3 | |
577 | - | ||
578 | - | Article – Public Safety 4 | |
442 | + | Article – Family Law 4 | |
579 | 443 | ||
580 | 444 | 1–101. 5 | |
581 | 445 | ||
582 | 446 | (a) In this article the following words have the meanings indicated. 6 | |
583 | 447 | ||
584 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 7 | |
448 | + | (J) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 7 | |
449 | + | STATE GOVERNMENT ARTICLE. 8 | |
450 | + | ||
451 | + | (K) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 9 | |
452 | + | STATE GOVERNMENT ARTICLE. 10 | |
453 | + | ||
454 | + | [(j)] (L) “State” means, except in Title 10, Subtitle 3 of this article: 11 | |
455 | + | ||
456 | + | (1) a state, commonwealth, possession, or territory of the United States; or 12 | |
457 | + | ||
458 | + | (2) the District of Columbia. 13 | |
459 | + | ||
460 | + | [(k)] (M) “Summons” includes a subpoena. 14 | |
461 | + | ||
462 | + | [(l)] (N) “Support” includes maintenance. 15 | |
463 | + | ||
464 | + | (O) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 16 | |
465 | + | STATE GOVERNMENT ARTICLE. 17 | |
466 | + | ||
467 | + | 2–405. 18 | |
468 | + | ||
469 | + | (d) (1) Except as provided in paragraph (2) of this subsection, a license is not 19 | |
470 | + | effective until 6 a.m. on the second calendar day after the license is issued. 20 | |
471 | + | ||
472 | + | (2) For good cause shown, a judge of the circuit court for the county in 21 | |
473 | + | which the application is made may sign an authorization for a license to become effective 22 | |
474 | + | at a time before the waiting period expires, as stated in the authorization, if 1 of the parties 23 | |
475 | + | to be married is: 24 | |
476 | + | ||
477 | + | (i) a resident of this State; or 25 | |
478 | + | ||
479 | + | (ii) a SERVICE member [of the United States armed forces]. 26 | |
480 | + | ||
481 | + | 5–525. 27 SENATE BILL 280 11 | |
482 | + | ||
483 | + | ||
484 | + | ||
485 | + | (b) (3) (i) The Administration shall establish a program of out–of–home 1 | |
486 | + | placement for former CINAs: 2 | |
487 | + | ||
488 | + | 1. whose commitment to a local department was rescinded 3 | |
489 | + | after the individuals reached the age of 18 years but before the individuals reached the age 4 | |
490 | + | of 20 years and 6 months; and 5 | |
491 | + | ||
492 | + | 2. who did not exit foster care due to reunification, adoption, 6 | |
493 | + | guardianship, marriage, or [military duty] SERVICE IN THE UNIFORMED SERVICES . 7 | |
494 | + | ||
495 | + | 9–108. 8 | |
496 | + | ||
497 | + | (a) (1) In this section[: 9 | |
498 | + | ||
499 | + | (1)], “deployment” means compliance with [military] OFFICIAL orders 10 | |
500 | + | received by a SERVICE member [of the United States Army, Navy, Air Force, Marine Corps, 11 | |
501 | + | Space Force, Coast Guard, National Guard, or any other Reserve component] to report for 12 | |
502 | + | combat operations or other active service for which the SERVICE member is required to 13 | |
503 | + | report unaccompanied by any family member or that is classified by the SERVICE member’s 14 | |
504 | + | branch as remote[; and]. 15 | |
505 | + | ||
506 | + | (2) [“deployment”] “DEPLOYMENT ” does not include [National Guard or 16 | |
507 | + | Reserve] RESERVE COMPONENT annual training, inactive duty days, or drill weekends. 17 | |
508 | + | ||
509 | + | Article – General Provisions 18 | |
510 | + | ||
511 | + | 1–101.1. 19 | |
512 | + | ||
513 | + | “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 20 | |
514 | + | GOVERNMENT ARTICLE. 21 | |
515 | + | ||
516 | + | 1–101.2. 22 | |
517 | + | ||
518 | + | “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 23 | |
519 | + | STATE GOVERNMENT ARTICLE. 24 | |
520 | + | ||
521 | + | 1–103.1. 25 | |
522 | + | ||
523 | + | “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 26 | |
524 | + | GOVERNMENT ARTICLE. 27 | |
525 | + | ||
526 | + | 1–114.1. 28 | |
527 | + | 12 SENATE BILL 280 | |
528 | + | ||
529 | + | ||
530 | + | “RESERVE COMPONENT ” HAS THE MEANING ST ATED IN § 9–901 OF THE STATE 1 | |
531 | + | GOVERNMENT ARTICLE. 2 | |
532 | + | ||
533 | + | 1–114.2. 3 | |
534 | + | ||
535 | + | “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 4 | |
536 | + | GOVERNMENT ARTICLE. 5 | |
537 | + | ||
538 | + | 1–116. 6 | |
539 | + | ||
540 | + | “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 7 | |
585 | 541 | GOVERNMENT ARTICLE. 8 | |
586 | 542 | ||
587 | - | (A–2) “ARMED FORCES” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 9 | |
588 | - | GOVERNMENT ARTICLE. 10 | |
543 | + | 1–117. 9 | |
589 | 544 | ||
590 | - | (D–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 11 | |
591 | - | STATE GOVERNMENT ARTICLE. 12 | |
545 | + | With respect to any State program of benefits, rights, or privileges applicable to a 10 | |
546 | + | veteran under this Code, “veteran” includes[, if the individual is eligible under 38 U.S.C. § 11 | |
547 | + | 101, a member of the commissioned corps of: 12 | |
592 | 548 | ||
593 | - | (F) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 13 | |
594 | - | STATE GOVERNMENT ARTICLE. 14 | |
549 | + | (1) the Public Health Service; or 13 | |
595 | 550 | ||
596 | - | (G) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 15 | |
597 | - | GOVERNMENT ARTICLE. 16 | |
551 | + | (2) the National Oceanic and Atmospheric Administration or its 14 | |
552 | + | predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 15 | |
553 | + | DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 16 | |
598 | 554 | ||
599 | - | ||
555 | + | Article – Public Safety 17 | |
600 | 556 | ||
601 | - | (a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 18 | |
602 | - | conflict if the individual was a member of the uniformed services [of the United States] 19 | |
603 | - | who served in: 20 | |
557 | + | 1–101. 18 | |
604 | 558 | ||
605 | - | (1) Afghanistan or contiguous air space, as defined in federal regulations, 21 | |
606 | - | on or after October 24, 2001, and before a terminal date to be prescribed by the United 22 | |
607 | - | States Secretary of Defense; or 23 | |
559 | + | (a) In this article the following words have the meanings indicated. 19 | |
608 | 560 | ||
609 | - | (2) Iraq or contiguous waters or air space, as defined in federal regulations, 24 | |
610 | - | on or after March 19, 2003, and before a terminal date to be prescribed by the United States 25 | |
611 | - | Secretary of Defense. 26 | |
561 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 20 | |
562 | + | GOVERNMENT ARTICLE. 21 | |
612 | 563 | ||
613 | - | (e) (1) The Secretary of State shall issue a State flag to the family of a 27 | |
614 | - | firefighter, policeman, member of the [military] UNIFORMED SERVICES , sworn member 28 | |
615 | - | of the office of State Fire Marshal, or professional or volunteer emergency medical services 29 | |
616 | - | provider who is killed in the performance of duty. 30 | |
564 | + | (A–2) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 22 | |
565 | + | GOVERNMENT ARTICLE. 23 | |
566 | + | ||
567 | + | (D–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 24 | |
568 | + | STATE GOVERNMENT ARTICLE. 25 | |
569 | + | ||
570 | + | (F) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 26 | |
571 | + | STATE GOVERNMENT ARTICLE. 27 | |
572 | + | ||
573 | + | (G) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 28 | |
574 | + | GOVERNMENT ARTICLE. 29 SENATE BILL 280 13 | |
575 | + | ||
576 | + | ||
577 | + | ||
578 | + | 1–202. 1 | |
579 | + | ||
580 | + | (a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 2 | |
581 | + | conflict if the individual was a member of the uniformed services [of the United States] 3 | |
582 | + | who served in: 4 | |
583 | + | ||
584 | + | (1) Afghanistan or contiguous air space, as defined in federal regulations, 5 | |
585 | + | on or after October 24, 2001, and before a terminal date to be prescribed by the United 6 | |
586 | + | States Secretary of Defense; or 7 | |
587 | + | ||
588 | + | (2) Iraq or contiguous waters or air space, as defined in federal regulations, 8 | |
589 | + | on or after March 19, 2003, and before a terminal date to be prescribed by the United States 9 | |
590 | + | Secretary of Defense. 10 | |
591 | + | ||
592 | + | (e) (1) The Secretary of State shall issue a State flag to the family of a 11 | |
593 | + | firefighter, policeman, member of the [military] UNIFORMED SERVICES , sworn member 12 | |
594 | + | of the office of State Fire Marshal, or professional or volunteer emergency medical services 13 | |
595 | + | provider who is killed in the performance of duty. 14 | |
596 | + | ||
597 | + | (2) (i) Except when the deceased is a member of the [military] 15 | |
598 | + | UNIFORMED SERVICES , the flag shall be presented to the family of the deceased by the 16 | |
599 | + | State Senator of the legislative district in which the deceased resided or served. 17 | |
600 | + | ||
601 | + | (ii) When the deceased is a member of the [military] UNIFORMED 18 | |
602 | + | SERVICES, the flag shall be presented to the family of the deceased by the Department of 19 | |
603 | + | Veterans and Military Families. 20 | |
604 | + | ||
605 | + | 2–418. 21 | |
606 | + | ||
607 | + | (a) (1) Except as otherwise provided in paragraphs (2) and (3) of this 22 | |
608 | + | subsection, a police employee who resigns from the Department for any reason may not be 23 | |
609 | + | reappointed. 24 | |
610 | + | ||
611 | + | (2) A police employee who resigns to enter [military] service IN THE 25 | |
612 | + | UNIFORMED SERVICES may be reappointed. 26 | |
613 | + | ||
614 | + | 3–209. 27 | |
615 | + | ||
616 | + | (a) The Commission shall certify as a police officer each individual who: 28 | |
617 | + | ||
618 | + | (5) (ii) subject to subsection (b) of this section, is a permanent legal 29 | |
619 | + | resident of the United States and [an honorably discharged] A veteran [of the United States 30 | |
620 | + | armed forces], provided that the individual has applied to obtain United States citizenship 31 | |
621 | + | and the application is still pending approval. 32 | |
617 | 622 | 14 SENATE BILL 280 | |
618 | 623 | ||
619 | 624 | ||
620 | - | (2) (i) Except when the deceased is a member of the [military] 1 | |
621 | - | UNIFORMED SERVICES , the flag shall be presented to the family of the deceased by the 2 | |
622 | - | State Senator of the legislative district in which the deceased resided or served. 3 | |
625 | + | 5–102. 1 | |
623 | 626 | ||
624 | - | (ii) When the deceased is a member of the [military] UNIFORMED 4 | |
625 | - | SERVICES, the flag shall be presented to the family of the deceased by the Department of 5 | |
626 | - | Veterans and Military Families. 6 | |
627 | + | This subtitle does not apply to: 2 | |
627 | 628 | ||
628 | - | 2–418. 7 | |
629 | + | (4) law enforcement personnel of any unit of the federal government, 3 | |
630 | + | members of the armed forces [of the United States] or the National Guard, or law 4 | |
631 | + | enforcement personnel of the State or any local agency in the State, while those personnel 5 | |
632 | + | or members are acting within the scope of their official duties; 6 | |
629 | 633 | ||
630 | - | (a) (1) Except as otherwise provided in paragraphs (2) and (3) of this 8 | |
631 | - | subsection, a police employee who resigns from the Department for any reason may not be 9 | |
632 | - | reappointed. 10 | |
634 | + | 5–103. 7 | |
633 | 635 | ||
634 | - | (2) A police employee who resigns to enter [military] service IN THE 11 | |
635 | - | UNIFORMED SERVICES may be reappointed. 12 | |
636 | + | This subtitle does not affect: 8 | |
636 | 637 | ||
637 | - | 3–209. 13 | |
638 | + | (2) a sale, rental, transfer, or the use of a regulated firearm by a person 9 | |
639 | + | authorized or required to do so as part of the person’s duties as a member of: 10 | |
638 | 640 | ||
639 | - | (a) The Commission shall certify as a police officer each individual who: 14 | |
641 | + | (ii) the armed forces [of the United States], including all official 11 | |
642 | + | reserve organizations; or 12 | |
640 | 643 | ||
641 | - | (5) (ii) subject to subsection (b) of this section, is a permanent legal 15 | |
642 | - | resident of the United States and [an honorably discharged] A veteran [of the United States 16 | |
643 | - | armed forces], provided that the individual has applied to obtain United States citizenship 17 | |
644 | - | and the application is still pending approval. 18 | |
644 | + | 5–117.1. 13 | |
645 | 645 | ||
646 | - | ||
646 | + | (a) This section does not apply to: 14 | |
647 | 647 | ||
648 | - | This subtitle does not apply to: 20 | |
648 | + | (3) a member or retired member of the armed forces [of the United States] 15 | |
649 | + | or the National Guard; or 16 | |
649 | 650 | ||
650 | - | (4) law enforcement personnel of any unit of the federal government, 21 | |
651 | - | members of the armed forces [of the United States] or the National Guard, or law 22 | |
652 | - | enforcement personnel of the State or any local agency in the State, while those personnel 23 | |
653 | - | or members are acting within the scope of their official duties; 24 | |
651 | + | (c) A person may purchase, rent, or receive a handgun only if the person: 17 | |
654 | 652 | ||
655 | - | 5–103. 25 | |
653 | + | (1) (iii) is an active or retired member of the armed forces [of the United 18 | |
654 | + | States] or the National Guard and possesses a valid [military] UNIFORMED SERVICES 19 | |
655 | + | identification card; or 20 | |
656 | 656 | ||
657 | - | ||
657 | + | 5–132. 21 | |
658 | 658 | ||
659 | - | (2) a sale, rental, transfer, or the use of a regulated firearm by a person 27 | |
660 | - | authorized or required to do so as part of the person’s duties as a member of: 28 | |
659 | + | (b) This section does not apply to: 22 | |
661 | 660 | ||
662 | - | ( | |
663 | - | ||
661 | + | (1) the purchase, sale, or transportation of a handgun to or by a federally 23 | |
662 | + | licensed gun dealer or manufacturer that provides or services a handgun for: 24 | |
664 | 663 | ||
665 | - | 5–117.1. 31 SENATE BILL 280 15 | |
664 | + | (ii) members of the armed forces [of the United States] or the 25 | |
665 | + | National Guard; 26 | |
666 | + | ||
667 | + | 5–133. 27 | |
668 | + | ||
669 | + | (d) (2) Unless a person is otherwise prohibited from possessing a regulated 28 | |
670 | + | firearm, this subsection does not apply to: 29 SENATE BILL 280 15 | |
666 | 671 | ||
667 | 672 | ||
668 | 673 | ||
669 | - | (a) This section does not apply to: 1 | |
674 | + | (iii) a member of the armed forces [of the United States] or the 1 | |
675 | + | National Guard while performing official duties; 2 | |
670 | 676 | ||
671 | - | (3) a member or retired member of the armed forces [of the United States] 2 | |
672 | - | or the National Guard; or 3 | |
677 | + | 5–134. 3 | |
673 | 678 | ||
674 | - | (c) A person may purchase, rent, or receive a handgun only if the person: 4 | |
679 | + | (c) A person is not required to complete a certified firearms safety training course 4 | |
680 | + | under subsection (b)(14) of this section if the person: 5 | |
675 | 681 | ||
676 | - | (1) (iii) is an active or retired member of the armed forces [of the United 5 | |
677 | - | States] or the National Guard and possesses a valid [military] UNIFORMED SERVICES 6 | |
678 | - | identification card; or 7 | |
682 | + | (3) is a member, retired member, or honorably discharged member of the 6 | |
683 | + | armed forces [of the United States] or the National Guard; 7 | |
679 | 684 | ||
680 | - | 5– | |
685 | + | 5–137. 8 | |
681 | 686 | ||
682 | - | (b) This section does not apply to: 9 | |
687 | + | (b) If a person purchases a regulated firearm for use within the scope of the 9 | |
688 | + | person’s official duties, the Secretary may waive the 7–day waiting period under § 5–124 of 10 | |
689 | + | this subtitle for: 11 | |
683 | 690 | ||
684 | - | ( | |
685 | - | ||
691 | + | (2) members of the armed forces [of the United States] or the National 12 | |
692 | + | Guard; or 13 | |
686 | 693 | ||
687 | - | (ii) members of the armed forces [of the United States] or the 12 | |
688 | - | National Guard; 13 | |
694 | + | 5–203. 14 | |
689 | 695 | ||
690 | - | 5–133. 14 | |
696 | + | (a) A person may not possess a short–barreled rifle or short–barreled shotgun 15 | |
697 | + | unless: 16 | |
691 | 698 | ||
692 | - | (d) (2) Unless a person is otherwise prohibited from possessing a regulated 15 | |
693 | - | firearm, this subsection does not apply to: 16 | |
699 | + | (1) the person, while on official business is: 17 | |
694 | 700 | ||
695 | - | ( | |
696 | - | National Guard while | |
701 | + | (ii) a member of the armed forces [of the United States] or the 18 | |
702 | + | National Guard while on duty or traveling to or from duty; 19 | |
697 | 703 | ||
698 | - | 5– | |
704 | + | 5–204.1. 20 | |
699 | 705 | ||
700 | - | (c) A person is not required to complete a certified firearms safety training course 20 | |
701 | - | under subsection (b)(14) of this section if the person: 21 | |
706 | + | (a) This section does not apply to: 21 | |
702 | 707 | ||
703 | - | (3) is a member, retired member, or honorably discharged member of the 22 | |
704 | - | armed forces [of the United States] or the National Guard; 23 | |
708 | + | (1) a sale, rental, or transfer: 22 | |
705 | 709 | ||
706 | - | 5–137. 24 | |
710 | + | (iii) involving law enforcement personnel of any unit of the federal 23 | |
711 | + | government, a member of the armed forces [of the United States], a member of the National 24 | |
712 | + | Guard, or law enforcement personnel of the State or any local agency in the State, while 25 | |
713 | + | acting in the scope of official duty; 26 | |
707 | 714 | ||
708 | - | (b) If a person purchases a regulated firearm for use within the scope of the 25 | |
709 | - | person’s official duties, the Secretary may waive the 7–day waiting period under § 5–124 of 26 | |
710 | - | this subtitle for: 27 | |
715 | + | 5–306. 27 | |
711 | 716 | ||
712 | - | (2) members of the armed forces [of the United States] or the National 28 | |
713 | - | Guard; or 29 16 SENATE BILL 280 | |
717 | + | (a) Subject to subsections (c) and (d) of this section, the Secretary shall issue a 28 | |
718 | + | permit within a reasonable time to a person who the Secretary finds: 29 | |
719 | + | 16 SENATE BILL 280 | |
720 | + | ||
721 | + | ||
722 | + | (1) (ii) is a person who is a member of [the armed forces of the United 1 | |
723 | + | States, the National Guard, or] the uniformed services OR THE NATIONAL GUARD; 2 | |
724 | + | ||
725 | + | (b) An applicant for a permit is not required to complete a certified firearms 3 | |
726 | + | training course under subsection (a) of this section if the applicant: 4 | |
727 | + | ||
728 | + | (2) is a member, retired member, or honorably discharged member of the 5 | |
729 | + | armed forces [of the United States] or the National Guard; 6 | |
730 | + | ||
731 | + | 11–105. 7 | |
732 | + | ||
733 | + | (c) This section does not apply to the armed forces [of the United States], the 8 | |
734 | + | National Guard, the State Guard, or officers or employees of the United States, the State, 9 | |
735 | + | or a local subdivision of the State who are authorized to handle explosives in the 10 | |
736 | + | performance of their duties. 11 | |
737 | + | ||
738 | + | 13–205. 12 | |
739 | + | ||
740 | + | Subject to the provisions of this title and the regulations governing the armed forces 13 | |
741 | + | [of the United States], an individual may be enlisted in the organized militia if the 14 | |
742 | + | individual: 15 | |
743 | + | ||
744 | + | (1) is a citizen of the State or has declared an intention to become a citizen 16 | |
745 | + | of the State; 17 | |
746 | + | ||
747 | + | (2) is able–bodied; and 18 | |
748 | + | ||
749 | + | (3) has good character and temperate habits. 19 | |
750 | + | ||
751 | + | 13–215. 20 | |
752 | + | ||
753 | + | (a) (1) The Adjutant General may organize a uniformed honor guard from the 21 | |
754 | + | National Guard or the organized militia to attend the burial service of a deceased veteran 22 | |
755 | + | if: 23 | |
756 | + | ||
757 | + | (i) the commander of an accredited veterans’ organization or a 24 | |
758 | + | relative or friend of the deceased veteran requests an honor guard to attend the burial 25 | |
759 | + | service; 26 | |
760 | + | ||
761 | + | (ii) a uniformed honor guard from the active [armed forces] 27 | |
762 | + | UNIFORMED SERVICES or veterans’ organization is not available; and 28 | |
763 | + | ||
764 | + | (iii) the Adjutant General determines that providing an honor guard 29 | |
765 | + | will not harm: 30 | |
766 | + | SENATE BILL 280 17 | |
767 | + | ||
768 | + | ||
769 | + | 1. the readiness of the National Guard in the event of a State 1 | |
770 | + | or federal emergency; or 2 | |
771 | + | ||
772 | + | 2. the employment of a National Guard member. 3 | |
773 | + | ||
774 | + | (2) If an honor guard from the active [armed forces] UNIFORMED 4 | |
775 | + | SERVICES is not available, the Adjutant General may request an honor guard from a 5 | |
776 | + | veterans’ organization to attend the burial service of a deceased veteran. 6 | |
777 | + | ||
778 | + | 13–503. 7 | |
779 | + | ||
780 | + | (b) An individual may not be commissioned or enlisted in the Maryland Defense 8 | |
781 | + | Force if the individual: 9 | |
782 | + | ||
783 | + | (2) has been dismissed from or received a bad conduct discharge or a 10 | |
784 | + | dishonorable discharge, or any discharge other than under honorable conditions, from a 11 | |
785 | + | military or naval organization of this State or of another state, or from any of the [United 12 | |
786 | + | States armed forces] UNIFORMED SERVICES or its auxiliaries, or has been convicted of an 13 | |
787 | + | offense under the laws of the United States or of any state punishable by imprisonment for 14 | |
788 | + | more than 1 year, no matter what punishment was actually imposed; or 15 | |
789 | + | ||
790 | + | 13–510. 16 | |
791 | + | ||
792 | + | (b) (1) Each individual commissioned or appointed as an officer or warrant 17 | |
793 | + | officer [shall] MUST be: 18 | |
794 | + | ||
795 | + | (i) an officer, warrant officer, or enlisted individual of the National 19 | |
796 | + | Guard; 20 | |
797 | + | ||
798 | + | (ii) a retired or former officer or warrant officer of the [United States 21 | |
799 | + | Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard ] UNIFORMED 22 | |
800 | + | SERVICES or any auxiliary thereof; 23 | |
801 | + | ||
802 | + | (iii) an individual with prior [enlisted] service in the [United States 24 | |
803 | + | Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard,] UNIFORMED 25 | |
804 | + | SERVICES or [any auxiliary thereof] A RESERVE COMPONENT ; 26 | |
805 | + | ||
806 | + | (iv) a graduate of the United States Military Academy, Naval 27 | |
807 | + | Academy, Coast Guard Academy, Merchant Marine Academy, [or] Air Force Academy, OR 28 | |
808 | + | UNIFORMED SERVICES UNIVERSITY; 29 | |
809 | + | ||
810 | + | (v) a graduate of a school, college, university, or officers’ training 30 | |
811 | + | school who received [military] instruction under the supervision of an officer of the [United 31 | |
812 | + | States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard] UNIFORMED 32 | |
813 | + | SERVICES who certified the graduate’s fitness for appointment as a commissioned officer; 33 | |
814 | + | or 34 18 SENATE BILL 280 | |
714 | 815 | ||
715 | 816 | ||
716 | 817 | ||
717 | - | 5–203. 1 | |
818 | + | (vi) an individual not otherwise identified in items (i) through (v) of 1 | |
819 | + | this paragraph who is specially qualified for service by achievement in any professional, 2 | |
820 | + | technical, or public service capacity or otherwise displays extraordinary qualifications for 3 | |
821 | + | commissioning as an officer of the Maryland Defense Force. 4 | |
718 | 822 | ||
719 | - | ( | |
720 | - | ||
823 | + | (c) When initially appointed, a general officer or colonel of the organized militia 5 | |
824 | + | must: 6 | |
721 | 825 | ||
722 | - | (1) the person, while on official business is: 4 | |
826 | + | (2) have served in [any component or auxiliary of the United States Army, 7 | |
827 | + | Navy, Marine Corps, Air Force, Space Force, or Coast Guard or National Guard] THE 8 | |
828 | + | UNIFORMED SERVICES OR A RESERVE COMPONENT with the grade of O–4 or higher. 9 | |
723 | 829 | ||
724 | - | (ii) a member of the armed forces [of the United States] or the 5 | |
725 | - | National Guard while on duty or traveling to or from duty; 6 | |
830 | + | (d) When initially appointed, a lieutenant–colonel or major of the line must have 10 | |
831 | + | had service as an officer for at least 2 years in [any component or auxiliary of the United 11 | |
832 | + | States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard or National 12 | |
833 | + | Guard] THE UNIFORMED SERVICES OR A RESERVE COMPONENT . 13 | |
726 | 834 | ||
727 | - | ||
835 | + | 13–601. 14 | |
728 | 836 | ||
729 | - | (a) This section does not apply to: 8 | |
837 | + | (a) (2) The Governor may grant a brevet commission to an officer of the 15 | |
838 | + | organized militia of a grade equal to the highest grade in which the officer previously served 16 | |
839 | + | in the organized militia or in the [United States Army, Navy, Marine Corps, Air Force, 17 | |
840 | + | Space Force, or Coast Guard] ARMED FORCES . 18 | |
730 | 841 | ||
731 | - | ||
842 | + | 13–704.1. 19 | |
732 | 843 | ||
733 | - | (iii) involving law enforcement personnel of any unit of the federal 10 | |
734 | - | government, a member of the armed forces [of the United States], a member of the National 11 | |
735 | - | Guard, or law enforcement personnel of the State or any local agency in the State, while 12 | |
736 | - | acting in the scope of official duty; 13 | |
844 | + | (a) (1) In this section the following words have the meanings indicated. 20 | |
737 | 845 | ||
738 | - | 5–306. 14 | |
846 | + | (2) “ELIGIBLE SERVICE MEMBER” MEANS AN INDIVIDUAL ENGAGED 21 | |
847 | + | IN MILITARY SERVICE . 22 | |
739 | 848 | ||
740 | - | ( | |
741 | - | ||
849 | + | (3) “ELIGIBLE SPOUSE ” MEANS THE SPOUSE OF AN ELIGIBLE 23 | |
850 | + | SERVICE MEMBER . 24 | |
742 | 851 | ||
743 | - | (1) (ii) is a person who is a member of [the armed forces of the United 17 | |
744 | - | States, the National Guard, or] the uniformed services OR THE NATIONAL GUARD; 18 | |
852 | + | [(2)] (4) “Military service” means: 25 | |
745 | 853 | ||
746 | - | (b) An applicant for a permit is not required to complete a certified firearms 19 | |
747 | - | training course under subsection (a) of this section if the applicant: 20 | |
854 | + | (i) in the case of [a service member] AN INDIVIDUAL who is a 26 | |
855 | + | member or reserve member of the [Army, Navy, Air Force, Marine Corps, Space Force, or 27 | |
856 | + | Coast Guard] ARMED FORCES , full–time duty in the active military service [of the United 28 | |
857 | + | States], including: 29 | |
748 | 858 | ||
749 | - | (2) is a member, retired member, or honorably discharged member of the 21 | |
750 | - | armed forces [of the United States] or the National Guard; 22 | |
859 | + | 1. full–time training duty; 30 | |
751 | 860 | ||
752 | - | 11–105. 23 | |
753 | - | ||
754 | - | (c) This section does not apply to the armed forces [of the United States], the 24 | |
755 | - | National Guard, the State Guard, or officers or employees of the United States, the State, 25 | |
756 | - | or a local subdivision of the State who are authorized to handle explosives in the 26 | |
757 | - | performance of their duties. 27 | |
758 | - | ||
759 | - | 13–205. 28 | |
760 | - | SENATE BILL 280 17 | |
761 | - | ||
762 | - | ||
763 | - | Subject to the provisions of this title and the regulations governing the armed forces 1 | |
764 | - | [of the United States], an individual may be enlisted in the organized militia if the 2 | |
765 | - | individual: 3 | |
766 | - | ||
767 | - | (1) is a citizen of the State or has declared an intention to become a citizen 4 | |
768 | - | of the State; 5 | |
769 | - | ||
770 | - | (2) is able–bodied; and 6 | |
771 | - | ||
772 | - | (3) has good character and temperate habits. 7 | |
773 | - | ||
774 | - | 13–215. 8 | |
775 | - | ||
776 | - | (a) (1) The Adjutant General may organize a uniformed honor guard from the 9 | |
777 | - | National Guard or the organized militia to attend the burial service of a deceased veteran 10 | |
778 | - | if: 11 | |
779 | - | ||
780 | - | (i) the commander of an accredited veterans’ organization or a 12 | |
781 | - | relative or friend of the deceased veteran requests an honor guard to attend the burial 13 | |
782 | - | service; 14 | |
783 | - | ||
784 | - | (ii) a uniformed honor guard from the active [armed forces] 15 | |
785 | - | UNIFORMED SERVICES or veterans’ organization is not available; and 16 | |
786 | - | ||
787 | - | (iii) the Adjutant General determines that providing an honor guard 17 | |
788 | - | will not harm: 18 | |
789 | - | ||
790 | - | 1. the readiness of the National Guard in the event of a State 19 | |
791 | - | or federal emergency; or 20 | |
792 | - | ||
793 | - | 2. the employment of a National Guard member. 21 | |
794 | - | ||
795 | - | (2) If an honor guard from the active [armed forces] UNIFORMED 22 | |
796 | - | SERVICES is not available, the Adjutant General may request an honor guard from a 23 | |
797 | - | veterans’ organization to attend the burial service of a deceased veteran. 24 | |
798 | - | ||
799 | - | 13–503. 25 | |
800 | - | ||
801 | - | (b) An individual may not be commissioned or enlisted in the Maryland Defense 26 | |
802 | - | Force if the individual: 27 | |
803 | - | ||
804 | - | (2) has been dismissed from or received a bad conduct discharge or a 28 | |
805 | - | dishonorable discharge, or any discharge other than under honorable conditions, from a 29 | |
806 | - | military or naval organization of this State or of another state, or from any of the [United 30 | |
807 | - | States armed forces] UNIFORMED SERVICES or its auxiliaries, or has been convicted of an 31 18 SENATE BILL 280 | |
808 | - | ||
809 | - | ||
810 | - | offense under the laws of the United States or of any state punishable by imprisonment for 1 | |
811 | - | more than 1 year, no matter what punishment was actually imposed; or 2 | |
812 | - | ||
813 | - | 13–510. 3 | |
814 | - | ||
815 | - | (b) (1) Each individual commissioned or appointed as an officer or warrant 4 | |
816 | - | officer [shall] MUST be: 5 | |
817 | - | ||
818 | - | (i) an officer, warrant officer, or enlisted individual of the National 6 | |
819 | - | Guard; 7 | |
820 | - | ||
821 | - | (ii) a retired or former officer or warrant officer of the [United States 8 | |
822 | - | Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard ] UNIFORMED 9 | |
823 | - | SERVICES or any auxiliary thereof; 10 | |
824 | - | ||
825 | - | (iii) an individual with prior [enlisted] service in the [United States 11 | |
826 | - | Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard,] UNIFORMED 12 | |
827 | - | SERVICES or [any auxiliary thereof] A RESERVE COMPONENT ; 13 | |
828 | - | ||
829 | - | (iv) a graduate of the United States Military Academy, Naval 14 | |
830 | - | Academy, Coast Guard Academy, Merchant Marine Academy, [or] Air Force Academy, OR 15 | |
831 | - | UNIFORMED SERVICES UNIVERSITY; 16 | |
832 | - | ||
833 | - | (v) a graduate of a school, college, university, or officers’ training 17 | |
834 | - | school who received [military] instruction under the supervision of an officer of the [United 18 | |
835 | - | States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard] UNIFORMED 19 | |
836 | - | SERVICES who certified the graduate’s fitness for appointment as a commissioned officer; 20 | |
837 | - | or 21 | |
838 | - | ||
839 | - | (vi) an individual not otherwise identified in items (i) through (v) of 22 | |
840 | - | this paragraph who is specially qualified for service by achievement in any professional, 23 | |
841 | - | technical, or public service capacity or otherwise displays extraordinary qualifications for 24 | |
842 | - | commissioning as an officer of the Maryland Defense Force. 25 | |
843 | - | ||
844 | - | (c) When initially appointed, a general officer or colonel of the organized militia 26 | |
845 | - | must: 27 | |
846 | - | ||
847 | - | (2) have served in [any component or auxiliary of the United States Army, 28 | |
848 | - | Navy, Marine Corps, Air Force, Space Force, or Coast Guard or National Guard] THE 29 | |
849 | - | UNIFORMED SERVICES OR A RESERVE COMPONE NT with the grade of O–4 or higher. 30 | |
850 | - | ||
851 | - | (d) When initially appointed, a lieutenant–colonel or major of the line must have 31 | |
852 | - | had service as an officer for at least 2 years in [any component or auxiliary of the United 32 | |
853 | - | States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard or National 33 | |
854 | - | Guard] THE UNIFORMED SERVIC ES OR A RESERVE COMPONE NT. 34 | |
861 | + | 2. annual training duty; and 31 | |
855 | 862 | SENATE BILL 280 19 | |
856 | 863 | ||
857 | 864 | ||
858 | - | 13–601. 1 | |
865 | + | 3. attendance while at a school designated as a service school 1 | |
866 | + | by federal law or by the secretary of the military department concerned; 2 | |
859 | 867 | ||
860 | - | (a) (2) The Governor may grant a brevet commission to an officer of the 2 | |
861 | - | organized militia of a grade equal to the highest grade in which the officer previously served 3 | |
862 | - | in the organized militia or in the [United States Army, Navy, Marine Corps, Air Force, 4 | |
863 | - | Space Force, or Coast Guard] ARMED FORCES . 5 | |
868 | + | (ii) in the case of a resident of the State who is a member [or reserve 3 | |
869 | + | member of the Maryland National Guard, the National Guard of another state, or] OF a 4 | |
870 | + | reserve component of the [armed forces] UNIFORMED SERVICES , service under a call to: 5 | |
864 | 871 | ||
865 | - | 13–704.1. 6 | |
872 | + | 1. active service authorized by the President of the United 6 | |
873 | + | States [or], the Secretary of Defense, OR THE SECRETARY OF HEALTH AND HUMAN 7 | |
874 | + | SERVICES for a period of more than 30 days in response to a national emergency declared 8 | |
875 | + | by the President of the United States; or 9 | |
866 | 876 | ||
867 | - | | |
877 | + | 2. active duty for a period of more than 30 consecutive days; 10 | |
868 | 878 | ||
869 | - | (2) “ELIGIBLE SERVICE MEMB ER” MEANS AN INDIVIDUAL ENGAGED 8 | |
870 | - | IN MILITARY SERVICE . 9 | |
879 | + | (iii) in the case of [a service member] AN INDIVIDUAL who is a 11 | |
880 | + | commissioned officer of the Public Health Service or the National Oceanic and Atmospheric 12 | |
881 | + | Administration, active service; or 13 | |
871 | 882 | ||
872 | - | ( | |
873 | - | ||
883 | + | (iv) any period during which [a service member] AN INDIVIDUAL is 14 | |
884 | + | absent from duty on account of sickness, wounds, leave, or other lawful cause. 15 | |
874 | 885 | ||
875 | - | [( | |
886 | + | [(3) “Military spouse” means the spouse of a service member. 16 | |
876 | 887 | ||
877 | - | (i) in the case of [a service member] AN INDIVIDUAL who is a 13 | |
878 | - | member or reserve member of the [Army, Navy, Air Force, Marine Corps, Space Force, or 14 | |
879 | - | Coast Guard] ARMED FORCES , full–time duty in the active military service [of the United 15 | |
880 | - | States], including: 16 | |
888 | + | (4) “Service member” means an individual engaged in military service.] 17 | |
881 | 889 | ||
882 | - | 1. full–time training duty; 17 | |
890 | + | (b) This section is intended to supplement rights and protections provided in the 18 | |
891 | + | federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). 19 | |
883 | 892 | ||
884 | - | 2. annual training duty; and 18 | |
893 | + | (c) (1) In addition to the rights and protections regarding consumer 20 | |
894 | + | transactions, contracts, and service providers included in Title III of the federal 21 | |
895 | + | Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), [a] AN ELIGIBLE 22 | |
896 | + | service member or [military] ELIGIBLE spouse may terminate a contract described in 23 | |
897 | + | paragraph (2) of this subsection at any time after the date the ELIGIBLE service member 24 | |
898 | + | receives [military] OFFICIAL orders to relocate for a period of military service of at least 25 | |
899 | + | 90 days to a location where the ELIGIBLE service member would be unable to use the 26 | |
900 | + | services under the contract. 27 | |
885 | 901 | ||
886 | - | 3. attendance while at a school designated as a service school 19 | |
887 | - | by federal law or by the secretary of the military department concerned; 20 | |
902 | + | (2) This section applies to a contract to provide any of the following: 28 | |
888 | 903 | ||
889 | - | (ii) in the case of a resident of the State who is a member [or reserve 21 | |
890 | - | member of the Maryland National Guard, the National Guard of another state, or] OF a 22 | |
891 | - | reserve component of the [armed forces] UNIFORMED SERVICES , service under a call to: 23 | |
904 | + | (i) telecommunication services; 29 | |
892 | 905 | ||
893 | - | 1. active service authorized by the President of the United 24 | |
894 | - | States [or], the Secretary of Defense, OR THE SECRETARY OF HEALTH AND HUMAN 25 | |
895 | - | SERVICES for a period of more than 30 days in response to a national emergency declared 26 | |
896 | - | by the President of the United States; or 27 | |
906 | + | (ii) Internet services; 30 | |
897 | 907 | ||
898 | - | | |
908 | + | (iii) television services; 31 | |
899 | 909 | ||
900 | - | (iii) in the case of [a service member] AN INDIVIDUAL who is a 29 | |
901 | - | commissioned officer of the Public Health Service or the National Oceanic and Atmospheric 30 | |
902 | - | Administration, active service; or 31 | |
903 | - | 20 SENATE BILL 280 | |
910 | + | (iv) athletic club or gym memberships; and 32 20 SENATE BILL 280 | |
904 | 911 | ||
905 | 912 | ||
906 | - | (iv) any period during which [a service member] AN INDIVIDUAL is 1 | |
907 | - | absent from duty on account of sickness, wounds, leave, or other lawful cause. 2 | |
908 | 913 | ||
909 | - | | |
914 | + | (v) satellite radio services. 1 | |
910 | 915 | ||
911 | - | (4) “Service member” means an individual engaged in military service.] 4 | |
916 | + | (3) (i) [A] AN ELIGIBLE service member or [military] ELIGIBLE 2 | |
917 | + | spouse may terminate a contract under this section by delivering a written or electronic 3 | |
918 | + | notice of the termination and a copy of the ELIGIBLE service member’s [military] 4 | |
919 | + | OFFICIAL orders to the service provider. 5 | |
912 | 920 | ||
913 | - | (b) This section is intended to supplement rights and protections provided in the 5 | |
914 | - | federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). 6 | |
921 | + | (ii) If [a] AN ELIGIBLE service member or [military] ELIGIBLE 6 | |
922 | + | spouse terminates a contract, the service provider shall provide the ELIGIBLE service 7 | |
923 | + | member or [military] ELIGIBLE spouse with a written or electronic notice of the ELIGIBLE 8 | |
924 | + | service member’s rights posted on the Maryland National Guard’s Internet website. 9 | |
915 | 925 | ||
916 | - | (c) (1) In addition to the rights and protections regarding consumer 7 | |
917 | - | transactions, contracts, and service providers included in Title III of the federal 8 | |
918 | - | Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), [a] AN ELIGIBLE 9 | |
919 | - | service member or [military] ELIGIBLE spouse may terminate a contract described in 10 | |
920 | - | paragraph (2) of this subsection at any time after the date the ELIGIBLE service member 11 | |
921 | - | receives [military] OFFICIAL orders to relocate for a period of military service of at least 12 | |
922 | - | 90 days to a location where the ELIGIBLE service member would be unable to use the 13 | |
923 | - | services under the contract. 14 | |
926 | + | (d) (1) If [a] AN ELIGIBLE service member or [military] ELIGIBLE spouse 10 | |
927 | + | terminates or suspends the provision of services under this section and the ELIGIBLE 11 | |
928 | + | service member is no longer in [active] military service, the ELIGIBLE service member or 12 | |
929 | + | [military] ELIGIBLE spouse may reinstate the provision of service on the same terms and 13 | |
930 | + | conditions as originally agreed to with the service provider before the termination or 14 | |
931 | + | suspension on written notice to the provider that the ELIGIBLE service member is no longer 15 | |
932 | + | in [active] military service. 16 | |
924 | 933 | ||
925 | - | (2) This section applies to a contract to provide any of the following: 15 | |
934 | + | (2) Written notice under this subsection shall be given within 90 days after 17 | |
935 | + | termination of the ELIGIBLE service member’s [active] military service. 18 | |
926 | 936 | ||
927 | - | (i) telecommunication services; 16 | |
937 | + | (e) [A] AN ELIGIBLE service member or [military] ELIGIBLE spouse who 19 | |
938 | + | terminates, suspends, or reinstates the provision of services under this section: 20 | |
928 | 939 | ||
929 | - | (ii) Internet services; 17 | |
940 | + | (1) may not be charged a penalty, fee, loss of deposit, or any other 21 | |
941 | + | additional cost because of the termination, suspension, or reinstatement; and 22 | |
930 | 942 | ||
931 | - | (iii) television services; 18 | |
943 | + | (2) is not liable for payment for any services after the effective date of the 23 | |
944 | + | termination or suspension, until the effective date of any reinstatement of services. 24 | |
932 | 945 | ||
933 | - | ||
946 | + | 13–902. 25 | |
934 | 947 | ||
935 | - | (v) satellite radio services. 20 | |
948 | + | (a) This section does not apply to a member of the [United States Army, Navy, 26 | |
949 | + | Air Force, Marines, Space Force, or Coast Guard] UNIFORMED SERVICES , the organized 27 | |
950 | + | militia of this State or another state, an officer of the Maryland Defense Force, or a member 28 | |
951 | + | of associations wholly composed of [soldiers] SERVICE MEMBERS , AS DEFINED IN § 29 | |
952 | + | 9–901 OF THE STATE GOVERNMENT ARTICLE, honorably discharged from the [armed 30 | |
953 | + | forces of the United States] UNIFORMED SERVICES. 31 | |
936 | 954 | ||
937 | - | (3) (i) [A] AN ELIGIBLE service member or [military] ELIGIBLE 21 | |
938 | - | spouse may terminate a contract under this section by delivering a written or electronic 22 | |
939 | - | notice of the termination and a copy of the ELIGIBLE service member’s [military] 23 | |
940 | - | OFFICIAL orders to the service provider. 24 | |
941 | - | ||
942 | - | (ii) If [a] AN ELIGIBLE service member or [military] ELIGIBLE 25 | |
943 | - | spouse terminates a contract, the service provider shall provide the ELIGIBLE service 26 | |
944 | - | member or [military] ELIGIBLE spouse with a written or electronic notice of the ELIGIBLE 27 | |
945 | - | service member’s rights posted on the Maryland National Guard’s Internet website. 28 | |
946 | - | ||
947 | - | (d) (1) If [a] AN ELIGIBLE service member or [military] ELIGIBLE spouse 29 | |
948 | - | terminates or suspends the provision of services under this section and the ELIGIBLE 30 | |
949 | - | service member is no longer in [active] military service, the ELIGIBLE service member or 31 | |
950 | - | [military] ELIGIBLE spouse may reinstate the provision of service on the same terms and 32 SENATE BILL 280 21 | |
955 | + | 13–904. 32 | |
956 | + | SENATE BILL 280 21 | |
951 | 957 | ||
952 | 958 | ||
953 | - | conditions as originally agreed to with the service provider before the termination or 1 | |
954 | - | suspension on written notice to the provider that the ELIGIBLE service member is no longer 2 | |
955 | - | in [active] military service. 3 | |
959 | + | (a) A person who is the owner or who is an agent of the owner of a place of 1 | |
960 | + | amusement or recreation open to the public may not refuse admission to an officer or 2 | |
961 | + | enlisted individual of the [United States Army, Navy, Marine Corps, Coast Guard, Space 3 | |
962 | + | Force, or Air Force] UNIFORMED SERVICES or the organized militia of this State or of 4 | |
963 | + | another state because the officer or enlisted individual is in uniform. 5 | |
956 | 964 | ||
957 | - | (2) Written notice under this subsection shall be given within 90 days after 4 | |
958 | - | termination of the ELIGIBLE service member’s [active] military service. 5 | |
965 | + | 13A–101. 6 | |
959 | 966 | ||
960 | - | ( | |
961 | - | ||
967 | + | (a) In this title, unless the context otherwise requires, the following words have 7 | |
968 | + | the meanings indicated. 8 | |
962 | 969 | ||
963 | - | ( | |
964 | - | ||
970 | + | (k) “Judge advocate” means a commissioned officer of the organized state military 9 | |
971 | + | forces who is a member in good standing of the bar of the highest court of a state: 10 | |
965 | 972 | ||
966 | - | (2) is not liable for payment for any services after the effective date of the 10 | |
967 | - | termination or suspension, until the effective date of any reinstatement of services. 11 | |
973 | + | (1) (i) certified or designated as a judge advocate in the Judge Advocate 11 | |
974 | + | General’s Corps of the [Army, Air Force, Navy, Space Force, or the Marine Corps] ARMED 12 | |
975 | + | FORCES or designated as a law specialist as an officer of the Coast Guard, or a reserve 13 | |
976 | + | component of one of these; or 14 | |
968 | 977 | ||
969 | - | ||
978 | + | 13A–506. 15 | |
970 | 979 | ||
971 | - | (a) This section does not apply to a member of the [United States Army, Navy, 13 | |
972 | - | Air Force, Marines, Space Force, or Coast Guard] UNIFORMED SERVICES , the organized 14 | |
973 | - | militia of this State or another state, an officer of the Maryland Defense Force, or a member 15 | |
974 | - | of associations wholly composed of [soldiers] SERVICE MEMBERS , AS DEFINED IN § 16 | |
975 | - | 9–901 OF THE STATE GOVERNMENT ARTICLE, honorably discharged from the [armed 17 | |
976 | - | forces of the United States] UNIFORMED SERVICES . 18 | |
980 | + | (c) In the instance when a defense counsel is not a member of the bar of the 16 | |
981 | + | highest court of the state, the defense counsel shall be deemed admitted pro hac vice, 17 | |
982 | + | subject to filing a certificate with the military judge setting forth the qualifications that 18 | |
983 | + | counsel is: 19 | |
977 | 984 | ||
978 | - | 13–904. 19 | |
985 | + | (1) (i) a commissioned officer of the armed forces [of the United States] 20 | |
986 | + | or a component thereof; 21 | |
979 | 987 | ||
980 | - | (a) A person who is the owner or who is an agent of the owner of a place of 20 | |
981 | - | amusement or recreation open to the public may not refuse admission to an officer or 21 | |
982 | - | enlisted individual of the [United States Army, Navy, Marine Corps, Coast Guard, Space 22 | |
983 | - | Force, or Air Force] UNIFORMED SERVICES or the organized militia of this State or of 23 | |
984 | - | another state because the officer or enlisted individual is in uniform. 24 | |
988 | + | 13A–1009. 22 | |
985 | 989 | ||
986 | - | ||
990 | + | (a) A member of the State military forces is guilty of desertion if the member: 23 | |
987 | 991 | ||
988 | - | (a) In this title, unless the context otherwise requires, the following words have 26 | |
989 | - | the meanings indicated. 27 | |
992 | + | (3) without being regularly separated from one of the State military forces: 24 | |
990 | 993 | ||
991 | - | (k) “Judge advocate” means a commissioned officer of the organized state military 28 | |
992 | - | forces who is a member in good standing of the bar of the highest court of a state: 29 | |
994 | + | (i) enlists or accepts an appointment in the same or another one of 25 | |
995 | + | the State military forces, or in one of the [armed forces of the United States] UNIFORMED 26 | |
996 | + | SERVICES, without fully disclosing the fact that the member has not been regularly 27 | |
997 | + | separated; or 28 | |
993 | 998 | ||
994 | - | (1) (i) certified or designated as a judge advocate in the Judge Advocate 30 | |
995 | - | General’s Corps of the [Army, Air Force, Navy, Space Force, or the Marine Corps] ARMED 31 | |
996 | - | FORCES or designated as a law specialist as an officer of the Coast Guard, or a reserve 32 | |
997 | - | component of one of these; or 33 | |
998 | - | 22 SENATE BILL 280 | |
999 | + | 13A–1041. 29 | |
1000 | + | ||
1001 | + | (b) The substances referred to in subsection (a) of this section are: 30 | |
1002 | + | ||
1003 | + | (2) any substance not specified in item (1) of this subsection that is listed 31 | |
1004 | + | on a schedule of controlled substances prescribed by the President for the purposes of the 32 22 SENATE BILL 280 | |
999 | 1005 | ||
1000 | 1006 | ||
1001 | - | 13A–506. 1 | |
1007 | + | Uniform Code of Military Justice of the armed forces [of the United States], 10 U.S.C. § 1 | |
1008 | + | 801 et seq.; and 2 | |
1002 | 1009 | ||
1003 | - | (c) In the instance when a defense counsel is not a member of the bar of the 2 | |
1004 | - | highest court of the state, the defense counsel shall be deemed admitted pro hac vice, 3 | |
1005 | - | subject to filing a certificate with the military judge setting forth the qualifications that 4 | |
1006 | - | counsel is: 5 | |
1010 | + | 13A–1102. 3 | |
1007 | 1011 | ||
1008 | - | ( | |
1009 | - | ||
1012 | + | (b) The following persons may administer oaths necessary in the performance of 4 | |
1013 | + | their duties: 5 | |
1010 | 1014 | ||
1011 | - | 13A–1009. 8 | |
1015 | + | (6) all other persons designated by regulations of the armed forces [of the 6 | |
1016 | + | United States] or by statute. 7 | |
1012 | 1017 | ||
1013 | - | ||
1018 | + | 14–101. 8 | |
1014 | 1019 | ||
1015 | - | ( | |
1020 | + | (a) In this title the following words have the meanings indicated. 9 | |
1016 | 1021 | ||
1017 | - | (i) enlists or accepts an appointment in the same or another one of 11 | |
1018 | - | the State military forces, or in one of the [armed forces of the United States] UNIFORMED 12 | |
1019 | - | SERVICES, without fully disclosing the fact that the member has not been regularly 13 | |
1020 | - | separated; or 14 | |
1022 | + | (d) (2) “Emergency management” does not include the preparation for and 10 | |
1023 | + | carrying out of functions in an emergency for which [military forces] THE UNIFORMED 11 | |
1024 | + | SERVICES are primarily responsible. 12 | |
1021 | 1025 | ||
1022 | - | ||
1026 | + | Article – Real Property 13 | |
1023 | 1027 | ||
1024 | - | ||
1028 | + | 8–212.1. 14 | |
1025 | 1029 | ||
1026 | - | (2) any substance not specified in item (1) of this subsection that is listed 17 | |
1027 | - | on a schedule of controlled substances prescribed by the President for the purposes of the 18 | |
1028 | - | Uniform Code of Military Justice of the armed forces [of the United States], 10 U.S.C. § 19 | |
1029 | - | 801 et seq.; and 20 | |
1030 | + | (a) (1) In this section[, “change] THE FOLLOWING WORDS HAVE THE 15 | |
1031 | + | MEANINGS INDICATED . 16 | |
1030 | 1032 | ||
1031 | - | 13A–1102. 21 | |
1033 | + | (2) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE 17 | |
1034 | + | STATE GOVERNMENT ARTICLE. 18 | |
1032 | 1035 | ||
1033 | - | ( | |
1034 | - | ||
1036 | + | (3) “ACTIVE SERVICE MEMBER ” MEANS “SERVICE MEMBER ” AS 19 | |
1037 | + | DEFINED IN § 9–901 OF THE STATE GOVERNMENT ARTICLE. 20 | |
1035 | 1038 | ||
1036 | - | (6) all other persons designated by regulations of the armed forces [of the 24 | |
1037 | - | United States] or by statute. 25 | |
1039 | + | (4) “CHANGE of assignment” includes: 21 | |
1038 | 1040 | ||
1039 | - | ||
1041 | + | [(1)] (I) Permanent change of station orders; 22 | |
1040 | 1042 | ||
1041 | - | ( | |
1043 | + | [(2)] (II) Temporary duty orders for a period exceeding 90 days; 23 | |
1042 | 1044 | ||
1043 | - | (d) (2) “Emergency management” does not include the preparation for and 28 | |
1044 | - | carrying out of functions in an emergency for which [military forces] THE UNIFORMED 29 | |
1045 | - | SERVICES are primarily responsible. 30 | |
1045 | + | [(3)] (III) Orders requiring a person to move into quarters located on a 24 | |
1046 | + | military installation; and 25 | |
1047 | + | ||
1048 | + | [(4)] (IV) A release from active duty, including: 26 | |
1049 | + | ||
1050 | + | [(i)] 1. Retirement; 27 | |
1046 | 1051 | SENATE BILL 280 23 | |
1047 | 1052 | ||
1048 | 1053 | ||
1049 | - | ||
1054 | + | [(ii)] 2. Separation or discharge under honorable conditions; and 1 | |
1050 | 1055 | ||
1051 | - | 8–212.1. 2 | |
1056 | + | [(iii)] 3. Demobilization of an activated [reservist or a member of 2 | |
1057 | + | the National Guard] MEMBER OF A RESERVE COMPONENT who was serving on active 3 | |
1058 | + | duty orders for at least 180 consecutive days. 4 | |
1052 | 1059 | ||
1053 | - | ( | |
1054 | - | ||
1060 | + | (5) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 5 | |
1061 | + | OF THE STATE GOVERNMENT ARTICLE. 6 | |
1055 | 1062 | ||
1056 | - | (2) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE 5 | |
1057 | - | STATE GOVERNMENT ARTICLE. 6 | |
1063 | + | (b) Notwithstanding any other provision of this title, if [a person who is on active 7 | |
1064 | + | duty with the United States military, or the person’s] AN ACTIVE SERVICE MEMBER OR 8 | |
1065 | + | THE ACTIVE SERVICE MEMBER ’S spouse[,] enters into a residential lease of property and 9 | |
1066 | + | the [person] ACTIVE SERVICE MEMBER subsequently receives a change of assignment, 10 | |
1067 | + | before or after occupying the property, any liability of the [person, or the person’s] ACTIVE 11 | |
1068 | + | SERVICE MEMBER OR TH E ACTIVE SERVICE MEMBER ’S spouse, for rent under the lease 12 | |
1069 | + | may not exceed: 13 | |
1058 | 1070 | ||
1059 | - | ( | |
1060 | - | ||
1071 | + | (1) Any rent or lawful charges then due and payable plus 30 days’ rent after 14 | |
1072 | + | written notice and proof of the change of assignment is given to the landlord; and 15 | |
1061 | 1073 | ||
1062 | - | (4) “CHANGE of assignment” includes: 9 | |
1074 | + | (2) The cost of repairing damage to the premises caused by an act or 16 | |
1075 | + | omission of the tenant. 17 | |
1063 | 1076 | ||
1064 | - | ||
1077 | + | Article – State Government 18 | |
1065 | 1078 | ||
1066 | - | ||
1079 | + | 9–901. 19 | |
1067 | 1080 | ||
1068 | - | [(3)] (III) Orders requiring a person to move into quarters located on a 12 | |
1069 | - | military installation; and 13 | |
1081 | + | (a) In this subtitle the following words have the meanings indicated. 20 | |
1070 | 1082 | ||
1071 | - | ||
1083 | + | (B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 21 | |
1072 | 1084 | ||
1073 | - | | |
1085 | + | (C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 22 | |
1074 | 1086 | ||
1075 | - | | |
1087 | + | (1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 23 | |
1076 | 1088 | ||
1077 | - | [(iii)] 3. Demobilization of an activated [reservist or a member of 17 | |
1078 | - | the National Guard] MEMBER OF A RESERVE COMPONENT who was serving on active 18 | |
1079 | - | duty orders for at least 180 consecutive days. 19 | |
1089 | + | (2) SERVING IN A RESERVE COMPONENT OF THE UNI FORMED 24 | |
1090 | + | SERVICES ON ACTIVE D UTY ORDERS. 25 | |
1080 | 1091 | ||
1081 | - | (5) “RESERVE COM PONENT” HAS THE MEANING STAT ED IN § 9–901 20 | |
1082 | - | OF THE STATE GOVERNMENT ARTICLE. 21 | |
1092 | + | (D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 26 | |
1083 | 1093 | ||
1084 | - | (b) Notwithstanding any other provision of this title, if [a person who is on active 22 | |
1085 | - | duty with the United States military, or the person’s] AN ACTIVE SERVICE ME MBER OR 23 | |
1086 | - | THE ACTIVE SERVICE MEMBER ’S spouse[,] enters into a residential lease of property and 24 | |
1087 | - | the [person] ACTIVE SERVICE MEMBE R subsequently receives a change of assignment, 25 | |
1088 | - | before or after occupying the property, any liability of the [person, or the person’s] ACTIVE 26 | |
1089 | - | SERVICE MEMBER OR THE ACTI VE SERVICE MEMBER ’S spouse, for rent under the lease 27 | |
1090 | - | may not exceed: 28 | |
1094 | + | [(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 27 | |
1091 | 1095 | ||
1092 | - | (1) Any rent or lawful charges then due and payable plus 30 days’ rent after 29 | |
1093 | - | written notice and proof of the change of assignment is given to the landlord; and 30 24 SENATE BILL 280 | |
1096 | + | [(c)] (F) “Department” means the Department of Veterans and Military 28 | |
1097 | + | Families. 29 | |
1098 | + | 24 SENATE BILL 280 | |
1094 | 1099 | ||
1095 | 1100 | ||
1101 | + | (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 1 | |
1102 | + | CHILDREN OF A SERVICE MEMBER OR VETERAN RELATED B Y BLOOD, MARRIAGE, OR 2 | |
1103 | + | ADOPTION. 3 | |
1096 | 1104 | ||
1097 | - | (2) The cost of repairing damage to the premises caused by an act or 1 | |
1098 | - | omission of the tenant. 2 | |
1105 | + | (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 4 | |
1099 | 1106 | ||
1100 | - | ||
1107 | + | [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 5 | |
1101 | 1108 | ||
1102 | - | ||
1109 | + | (J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF: 6 | |
1103 | 1110 | ||
1104 | - | ( | |
1111 | + | (1) THE UNIFORMED SERVIC ES; OR 7 | |
1105 | 1112 | ||
1106 | - | ( | |
1113 | + | (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 8 | |
1107 | 1114 | ||
1108 | - | ( | |
1115 | + | [(e)] (K) “Trust” means the Maryland Veterans Trust. 9 | |
1109 | 1116 | ||
1110 | - | ( | |
1117 | + | (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 10 | |
1111 | 1118 | ||
1112 | - | (2) SERVING IN A RESERVE COMPONENT OF THE UNI FORMED 9 | |
1113 | - | SERVICES ON ACTIVE D UTY ORDERS. 10 | |
1119 | + | [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 11 | |
1120 | + | individual who served on active duty in the armed forces of the United States, other than 12 | |
1121 | + | for training, and was discharged or released under conditions other than dishonorable] HAS 13 | |
1122 | + | THE MEANING STATED IN 38 U.S.C. § 101. 14 | |
1114 | 1123 | ||
1115 | - | (D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 11 | |
1116 | - | ||
1117 | - | [(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 12 | |
1118 | - | ||
1119 | - | [(c)] (F) “Department” means the Department of Veterans and Military 13 | |
1120 | - | Families. 14 | |
1121 | - | ||
1122 | - | (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 15 | |
1123 | - | CHILDREN OF A SER VICE MEMBER OR VETER AN RELATED BY BLOOD , MARRIAGE, OR 16 | |
1124 | - | ADOPTION. 17 | |
1125 | - | ||
1126 | - | (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 18 | |
1127 | - | ||
1128 | - | [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 19 | |
1129 | - | ||
1130 | - | (J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF : 20 | |
1131 | - | ||
1132 | - | (1) THE UNIFORMED SERVIC ES; OR 21 | |
1133 | - | ||
1134 | - | (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 22 | |
1135 | - | ||
1136 | - | [(e)] (K) “Trust” means the Maryland Veterans Trust. 23 | |
1137 | - | ||
1138 | - | (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 24 | |
1139 | - | SENATE BILL 280 25 | |
1140 | - | ||
1141 | - | ||
1142 | - | [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 1 | |
1143 | - | individual who served on active duty in the armed forces of the United States, other than 2 | |
1144 | - | for training, and was discharged or released under conditions other than dishonorable] HAS 3 | |
1145 | - | THE MEANING STATED IN 38 U.S.C. § 101. 4 | |
1146 | - | ||
1147 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
1148 | - | October 1, 2025. 6 | |
1149 | - | ||
1150 | - | ||
1151 | - | ||
1152 | - | ||
1153 | - | Approved: | |
1154 | - | ________________________________________________________________________________ | |
1155 | - | Governor. | |
1156 | - | ________________________________________________________________________________ | |
1157 | - | President of the Senate. | |
1158 | - | ________________________________________________________________________________ | |
1159 | - | Speaker of the House of Delegates. | |
1124 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 | |
1125 | + | October 1, 2025. 16 |