Non-Family Law Bills of Interest Are in Italics

MD FAMILY LAW BILLS AS OF 3/12/17

(non-family law bills of interest are in italics)

Note: As bills are introduced, they are added to the list on the General Assembly website. It sometimes takes a few days after that for the text of the bill to be posted. When a bill appears on the website, I update this list. If the text of the bill is not yet up, the information I include here is the simplified summary given on the website.

BILL #
(cross-filed) / SPONSOR(S) / TITLE / SYNOPSIS / STATUS
HB 15
SB 79 / Delegate Chang
Senator Reilly / Family Law - Destitute Adults - Extraordinary Medical Expenses for Developmental Disabilities and Civil Action / This bill adds the “extraordinary medical expenses” of a destitute adult child with a developmental disability to the support required from a parent who has or is able to earn sufficient means. The bill also authorizes a destitute parent or a destitute adult child, or the guardian of such an individual, to initiate a civil action for support, instead of filing a complaint with the State’s Attorney. An order of support resulting from a civil action does not preclude prosecution or imposition of existing criminal penalties. / House:
2/20/2017 Unfavorable Report by Judiciary
Senate:
2/20/2017 Unfavorable Report by Judicial Proceedings
HB 214 / Delegate Morales / Discrimination in Employment - Conditions Related to Pregnancy or Childbirth / This bill expands and clarifies existing statutory provisions regarding employment protections for pregnant women by requiring employers to provide reasonable accommodations for the known limitations of an applicant or an employee due to “conditions related to pregnancy or childbirth.” The bill alters the definition of a “reasonable accommodation” to mean an accommodation for the known limitations of an employee due to conditions related to pregnancy or childbirth and that does not impose an undue hardship on the employee’s employer. An “undue hardship” is defined as a significant difficulty or expense. / House:
1/20/2017 First Reading Economic Matters
Hearing 2/14 at 1:00 p.m.
HB 255
SB 349 / Delegate Hettleman
Senator Zirkin / Criminal Procedure - Sexual Assault Victims' Rights - Disposal of Rape Kit Evidence and Notification / This bill requires a health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault to provide the victim with written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit. The bill specifies when a sexual assault evidence collection kit or other crime scene evidence relating to a sexual assault may be destroyed or disposed of and when such evidence must be retained. / House:
3/9/2017Third Reading Passed
In the Senate (on HB 255):
3/10/2017First Reading Judicial Proceedings
Senate:
2/23/2017Third Reading Passed
In the House (on SB 349):
2/24/2017First Reading Judiciary
HB 260
SB 780 / Delegate Queen
Senator Lee / Local Government - Sexual Assault Cases - Local Audits / This bill requires a county or municipality to arrange for a third-party audit of sexual assault cases reported to or investigated by the law enforcement agency of the county or municipality, when the percentage of unfounded sexual assault cases in the county or municipality exceeds the national average of unfounded sexual assault cases by 5% or more, as specified. When not required, a county or municipality may arrange for a third-party audit of sexual assault cases reported to or investigated by the law enforcement agency of the county or municipality.
The Office of the Attorney General (OAG) must establish and periodically update guidelines for conducting third-party audits of sexual assault cases. / House:
3/14/2017 Favorable with Amendments Report by Appropriations
Senate:
2/3/2017First Reading Judicial Proceedings
Hearing 2/28 at 1:00 p.m.
HB 293
SB 274 / Delegate Dumais
Senator Ramirez / Family Law - Divorce - Domestic Violence Order / This bill repeals provisions of law that prohibit an order or decision in a domestic violenceprotective order proceeding from being admissible as evidence in a divorce proceeding. Italso repeals a provision that prohibits a court from considering compliance with a domesticviolence protective order as grounds for granting a decree of limited or absolute divorce. / House:
3/2/2017 Third Reading Passed
In the Senate (on HB 293):
3/3/2017 First Reading Judicial Proceedings
Senate:
3/13/2017 Favorable with Amendments Report by Judicial Proceedings
HB 369
SB 316 / Speaker (by request of administration)
President (by request of administration) / Courts - Evidence of Sexually Assaultive Behavior - Admissibility (The Repeat Sexual Predator Prevention Act of 2017) / This Administration bill authorizes a court, in a prosecution for specified sexual offenses,to admit evidence of “sexually assaultive behavior” by the defendant that occurred beforeor after the offense for which the defendant is on trial. The bill establishes proceduralrequirements for the introduction of such evidence by a State’s Attorney and hearings by acourt on the admissibility of the evidence. The bill also establishes provisions governingthe admission of such evidence by a court.
The bill’s provisions do not limit the admission or consideration of evidence under anyMaryland Rule or other provision of law. / House:
1/25/2017 First Reading Judiciary
Hearing 2/21 at 1:00 p.m.
Senate:
1/20/2017First Reading Judicial Proceedings
Hearing 2/08 at 1:00 p.m.
HB 428[1]
SB 574 / Delegate Dumais
Senator Feldman / Family Law - Child Conceived Without Consent - Termination of Parental Rights (Rape Survivor Family Protection Act) / This bill authorizes a court, after a trial, to terminate the parental rights of a respondent if the court (1) determines that the respondent has been served, as specified; (2) finds that the respondent was either convicted of, or finds by clear and convincing evidence that the respondent committed, an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue; and (3) finds by clear and convincing evidence that it is in the best interest of the child to terminate the parental rights of the respondent. The court may not terminate parental rights pursuant to the bill’s provisions if the parents were married at the time of the conception of the child at issue unless specified conditions are met. / House:
3/9/2017Third Reading Passed
In the Senate (on HB 428):
3/10/2017First Reading Judicial Proceedings
Senate:
2/2/2017First Reading Judicial Proceedings
Hearing 2/23 at 1:00 p.m.
HB 429
SB 217[2] / Delegate Dumais
Senator Kelley / Criminal Law - Sexual Offenses - Physical Resistance / This bill alters the definitions of “mentally defective individual,” “physically helpless individual,” and “substantially cognitively impaired individual” under § 3-301 of the Criminal Law Article, which apply to offenses under Title 3, Subtitle 3 of the Criminal Law Article. The bill also specifies that evidence of physical resistance by the victim is not required to prove that a crime under Title 3, Subtitle 3 of the Criminal Law Article was committed. / House:
3/9/2017Third Reading Passed
In the Senate (on HB 429):
3/10/2017First Reading Judicial Proceedings
Senate:
2/23/2017 Third Reading Passed
In the House (on SB 217):
2/24/2017First Reading Judiciary
HB 480 / Delegate Rosenberg / Criminal Law – Harassment – Misuse of Interactive Computer Service / This bill expands the prohibition on misuse of an electronic communication or interactive computer service by prohibiting a person, acting either individually or as part of a group, from using an interactive computer service to maliciously engage in a course of conduct that places another in reasonable fear of death or serious bodily injury with the intent (1) to kill, injure, or harass the other or (2) to place the other in reasonable fear of death or serious bodily injury.
Violators are guilty of a misdemeanor, punishable by imprisonment for up to one year and/or a $500 maximum fine, which is the existing penalty for misuse of an electronic communication or interactive computer service. / House:
3/6/2017 Unfavorable Report by Judiciary
HB 484[3]
SB 861 / Delegate Atterbeary
Senator Smith / Family Law – Marriage – Age Requirements / FOR the purpose of prohibiting, subject to a certain exception, an individual under the age of 18 from marrying; authorizing an individual 16 or 17 years old to marry under certain circumstances; making certain conforming changes; and generally relating to marriage. / House:
2/20/2017 Unfavorable Report by Judiciary; Withdrawn
Senate:
2/3/2017First Reading Judicial Proceedings
Hearing 3/09 at 1:00 p.m.
HB 508[4]
SB 368
(The two bills are not cross-filed but are,identical.) / Delegate Dumais
Senator Lee / Child Custody - Legal Decision Making and Parenting Time / This bill alters provisions of law relating to child custody and visitation proceedings and establishes numerous factors for courts to consider in cases involving “legal decision making” and “parenting time.” / House:
1/27/2017 First Reading Judiciary
Hearing 2/09 at 1:00 p.m.
Senate:
1/26/2017First Reading Judicial Proceedings
Hearing 2/14 at 1:00 p.m.
HB 547[5] / Delegate Ciliberti / Pain-Capable Unborn Child Protection Act / FOR the purpose of prohibiting, except under certain circumstances, the performance or inducement or attempted performance or inducement of an abortion of a pregnant woman unless a certain determination as to the probable age of the unborn child is made by a certain physician; providing that the failure of a physician to perform certain actions is deemed “unprofessional conduct”; prohibiting the performance or inducement or attempted performance or inducement of an abortion of a pregnant woman if the probable age of an unborn child is a certain number of weeks, except under certain circumstances; requiring an abortion to be performed in a certain manner under certain circumstances; requiring certain physicians to submit a certain report to the Department of Health and Mental Hygiene that includes certain information; requiring the Department to issue a certain public report by a certain date each year that includes certain information; requiring the Department to adopt certain regulations on or before a certain date; establishing certain civil and criminal penalties; authorizing certain persons to bring a civil action under certain circumstances; authorizing certain persons to apply to a certain court for permanent or temporary injunctive relief against a certain person under certain circumstances; providing for the award of certain attorney’s fees under certain circumstances; requiring a court to make a certain determination in a certain proceeding; requiring a court to issue certain orders under certain circumstances; requiring certain persons to use a pseudonym to bring a certain action in court under certain circumstances; providing for the construction of various provisions of this Act; stating certain findings of the General Assembly; defining certain terms; and generally relating to the Pain–Capable Unborn Child Protection Act. / House:
1/30/2017 First Reading Health and Government Operations
Hearing 3/10 at 1:00 p.m.
HB 636
SB 10[6] / Delegate Valentino-Smith
Senator Cassilly / Child Custody and Visitation - Deployed Parents / This bill establishes special provisions for custody and visitation proceedings involving a parent subject to military deployment. The bill also prohibits a court, in a custody or visitation proceeding, from considering in and of itself, a parent’s past deployment or possible future deployment in determining the best interest of the child unless the deployment has had or will have a significant impact on the child’s best interest. / House:
2/1/2017 First Reading Judiciary
Hearing 2/23 at 1:00 p.m.
Senate:
1/11/2017First Reading Judicial Proceedings
1/24/2017 Hearing at 1 PM
HB 722[7]
SB 881 / Delegate Dumais
Senator Kelley / Estates and Trusts – Elective Share of Surviving Spouse / This bill establishes new provisions that authorize a surviving spouse to take a one-half or one-third elective share of the augmented estate of the decedent (depending on whether there is a living lineal descendent of the decedent) reduced by the value of the “spousal benefits” (that is, those assets passing to the surviving spouse by reason of the decedent’s death or that are held in trust for the spouse’s benefit). The augmented estate is the value of the decedent’s gross estate for federal estate tax purposes, which includes probate and nonprobate assets, reduced by specified estate-related expenses. The bill repeals existing provisions allowing for a surviving spouse to take a one-half or one-third elective share of the net probate estate of the decedent, as specified. The bill applies only prospectively. / House:
2/2/2017 First Reading Health and Government Operations
Hearing 2/22 at 1:00 p.m.
Senate:
3/13/2017 Unfavorable Report by Judicial Proceedings; Withdrawn
HB 735
SB 73 / Delegate Malone
Senator Reilly / Estates and Trusts - Share of Intestate Estate Inherited by Surviving Spouse / This bill increases the initial share of a decedent’s intestate estate that is inherited by a surviving spouse from $15,000 to $100,000. The bill applies when (1) there is no surviving minor child but there is surviving issue or (2) there is no surviving issue but there is a surviving parent.
The amendments (passed 2nd reading) change $100,000 to $40,000. / House:
3/7/2017 Second Reading Passed withAmendments
Senate:
2/16/2017 Third Reading Passed
In the House (on SB 73):
2/17/2017First Reading Health and Government Operations
HB 749 / Delegate Malone / Family Law – Divorce – Ownership of a Pet / This bill authorizes a court to assign ownership of a pet if there is a dispute regarding ownership during the granting of an annulment or a limited or absolute divorce. The court may grant (1) sole ownership of the pet to one party; (2) sole ownership of the pet to one party with visitation rights to the other party on a schedule that the court determines; or (3) ownership of the pet to both parties with shared custody on a schedule that the court determines. If the court grants a decree regarding the pet, the court may not order either party to make any payment for pet maintenance or other expenses to the other party. If a decree is granted, regardless of ownership, the party in possession of the pet has all of the rights, responsibilities, and liabilities associated with pet ownership during the time the party is in possession of the pet. “Pet” is defined as a domesticated animal that does not include livestock. / House:
3/10/2017Third Reading Passed
HB 764
SB 676[8] / Delegate West / Requirements for Filial Support – Repeal / This bill repeals provisions relating to the prohibition against the neglect of a destitute parent or the refusal by an adult child who has or is able to earn sufficient means, to provide a destitute parent with food, shelter, care, and clothing. The bill also alters the definition of a “responsible relative” to exclude the children of a recipient of services in provisions of law relating to the responsibility for the cost of specified State-funded health care service / House:
2/3/2017First Reading Health and Government Operations
Hearing 3/02 at 1:00 p.m.
Senate:
2/3/2017First Reading Judicial Proceedings
Hearing 3/09 at 1:00 p.m.
HB 793
SB 83[9] / Delegate Angel
Senator Kagan / Family Law – Restoration of Former Name / This bill allows a party who wishes to restore the use of a former name after an absolute divorce to file a motion within 18 months after a final decree of absolute divorce is entered. A court must change the name of the party as long as specified conditions are met. The bill specifies that Maryland Rule 15-901, which specifies the procedures for a person to formally change his or her name, does not apply to a change of name requested pursuant to the bill’s provisions. / House:
3/13/2017 Favorable Report by Judiciary
Senate:
Third Reading Passed
In the House (on SB 83):
Hearing 3/23 at 1:00 p.m.
HB 799[10] / Delegate Atterbeary / Family Law – Marriage – Age Requirements / This bill repeals provisions authorizing individuals ages 15, 16, or 17 to marry under specified circumstances and establishes that individuals younger than age 18 may not marry. / House:
2/3/2017First Reading Judiciary
Hearing 2/23 at 1:00 p.m.
HB 803[11]
SB 900 / Delegate Angel
Senator Peters / Domestic Violence – Education and Definition of Abuse / This bill expands the definition of “abuse” as it applies to petitions for domestic violence protective orders to include “harassment” and the “malicious destruction of property.” The bill also requires the State Board of Education to encourage the county boards to incorporate age-appropriate lessons on domestic violence into the health education curriculum. / House:
2/3/2017First Reading Judiciary
Hearing 3/02 at 1:00 p.m.
Senate:
2/3/2017 First Reading Judicial Proceedings and Education, Health, and Environmental Affairs
Hearing 2/23 at 1:00 p.m. (Judicial Proceedings)
HB 812[12]
SB 1032 / Delegate Jalisi
Senator Robinson / Family Law – Grandparent Visitation / This bill alters the circumstances under which an equity court may grant visitation rights to a grandparent by authorizing the court to do so if each of the child’s living parents consents to visitation. If one or both parents object to visitation, the court is authorized to grant visitation if the court finds that (1) exceptional circumstances exist that show current or future detriment to the child if visitation with the grandparents is not allowed; (2) visitation rights would not interfere with the parent-child relationship; and (3) visitation rights would be in the best interest of the child. / House:
2/3/2017 First Reading Judiciary
Hearing 3/02 at 1:00 p.m.
Senate:
2/15/2017Rereferred to Judicial Proceedings
Hearing 3/14 at 1:00 p.m.
HB 926[13] / Delegate McComas / Child Support – Health Insurance – Definition / This bill defines the term “health insurance” for purposes of calculating a child support obligation under the State child support guidelines by establishing that “health insurance” includes medical, dental, and vision insurance and prescription drug coverage. / House:
3/13/2017 Favorable Report by Judiciary
HB 955 / Delegate Hill / Family Law – Age of Majority – Jurisdiction of Court / This bill requires an equity court to retain jurisdiction for the purpose of ordering support, in accordance with the child support guidelines, for a child who has reached age 18 and who is enrolled in a secondary school. An equity court must also retain jurisdiction for purposes of ordering support for a child who has reached age 18 and who is enrolled in an “institution of postsecondary education,” as specified. / House:
3/13/2017 Unfavorable Report by Judiciary
HB 1047
SB 906 / Delegate Moon
Senator Muse / Child Support – Suspension of Employment-Related License for Arrears - Hardship Exception and Reinstatement / This bill authorizes an individual who has received notice of a potential professional license suspension due to a child support arrearage to request an investigation under specified circumstances. The Child Support Enforcement Administration (CSEA) must provide notice of this right to an obligor, as specified. The bill authorizes CSEA to choose temporarily to not request a license suspension if it determines, after an investigation, that the suspension would result in an undue hardship or otherwise be inappropriate. It also expands the reasons under which CSEA is to notify a licensing authority to reinstate a license. / House:
2/8/2017First Reading Judiciary
Hearing 3/02 at 1:00 p.m.
Senate:
2/3/2017First Reading Judicial Proceedings
Hearing 3/09 at 1:00 p.m.
HB 1057 / Delegate Atterbeary / Family Law – Domestic Violence – Permanent Final Protective Orders / This bill adds kidnapping to the list of crimes, the commission of which subjects an individual to the issuance of a permanent final protective order. The bill also expands the circumstances under which a court is required to issue a permanent final protective order. / House:
2/8/2017First Reading Judiciary
Hearing 3/02 at 1:00 p.m.
HB 1083
SB 1081 / Delegate Pendergrass