Md Family Law Bills As of 4/17/15

MD FAMILY LAW BILLS AS OF 4/17/15

BILL #
(cross-filed) / SPONSOR(S) / TITLE / SYNOPSIS / STATUS /
HB 7
(SB 12) / Delegate Sophocleus / Family Law - Child Abuse and Neglect - Expungement of Reports and Records - Time Period / Requiring a local department of social services to maintain specified reports of suspected abuse or neglect and all assessments and investigative findings for specified periods of time for the purpose of determining whether a pattern exists; and increasing the time period after which a local department is required to expunge specified reports and records of suspected child abuse and neglect. / 2/26/2015 Third Reading Passed
In the Senate:
3/29/2015 Third Reading Passed with Amendments
4/11/2015 House Refuses to Concur – Senate Amendments
House Requests Senate Recede
Conference Committee Appointed Delegates Carter, Anderson, and Kittleman
HB 163[1] / Delegate Dumais / Child Support - Adjusted Actual Income - Multifamily Adjustment / Altering the definition of “adjusted actual income” under the State child support guidelines; providing for the calculation of a certain allowance required to be deducted from adjusted actual income under the child support guidelines; requiring that the amount of a certain allowance be subtracted from a parent’s actual income before the court determines the amount of a child support award; repealing a factor the court may consider in determining whether the application of the child support guidelines would be unjust or inappropriate in a particular case; and generally relating to child support. / 3/12/2015 Third Reading Passed
In the Senate:
3/13/2015 First Reading Judicial Proceedings
Hearing 3/31 at 1:00 p.m.
HB 165 / Delegate Dumais / Family Law - Grounds for Limited Divorce / Altering a specified ground for limited divorce by repealing a requirement that separation of the parties be voluntary and without a reasonable expectation of reconciliation; and repealing a specified condition precedent to granting a decree of limited divorce. / 2/26/2015 Third Reading Passed
In the Senate:
4/3/2015 Third Reading Passed
In the House:
4/4/2015 Returned Passed
HB 220[2]
(SB 273) / Delegates Dumais, Kittleman, and Moon / Maryland Collaborative Reproduction Act / Establishing the Maryland Collaborative Reproduction Act; establishing the purposes of the Act; establishing rights and obligations of specified intended parents who use gamete or embryo donors to conceive a child through collaborative reproduction; establishing specified rights of a child conceived through collaborative reproduction; establishing that a gamete or an embryo donor is not a parent of a child conceived through collaborative reproduction under specified circumstances; etc. / 2/2/2015 First Reading Judiciary
Hearing 2/12 at 1:00 p.m.
HB 224
(SB 315) / Delegates Dumais, Anderson, Moon, Morales, and Smith / Domestic Violence - 2-Year Protective Order / Specifying that a court may issue a protective order for a period not to exceed 2 years by consent of the respondent under specified circumstances. / 3/15/2015 Third Reading Passed
In the Senate:
3/29/2015 Third Reading Passed
In the House:
3/31/2015 Returned Passed
HB 225[3]
(SB 269) / Delegates Dumais, Anderson, Angel, Atterbeary, Hettleman, Jalisi, Kittleman, McComas, Moon, Morales, Rosenberg, Smith, Valentino-Smith, Waldstreicher, and B. Wilson / Domestic Violence - Additional Relief / Expanding the relief that may be awarded in an interim protective order to include any other relief that a District Court commissioner determines is appropriate; and expanding the relief that may be awarded in a temporary protective order and a final protective order to include any other relief that a judge determines is appropriate.
The Senate amendment removes interim and temporary protective orders from the bill. The enrolled version applies to final protective orders only. / 3/19/2015 Third Reading Passed
In the Senate:
4/3/2015 Third Reading Passed with Amendments
In the House:
4/6/2015 House Concur - Senate Amendments
4/6/2015 Third Reading Passed
Passed Enrolled
HB 227 / Delegates Angel, Atterbeary, B. Barnes, Barve, Branch, Campos, Carter, Clippinger, Davis, Dumais, Folden, Fraser-Hidalgo, Frush, Glenn, Hayes, Haynes, Hill, Jackson, Jalisi, Kaiser, Kelly, Kipke, McComas, McCray, McIntosh, Moon, Morales, Morhaim, Oaks, Sample-Hughes, Smith, Tarlau, Vaughn, Walker, A. Washington, M. Washington, P. Young, and Zucker / Family Law - Domestic Violence - Definition of Abuse / Altering the definition of "abuse" for purposes of provisions of law relating to domestic violence to include harassment, trespass, and malicious destruction of property under specified provisions of law if the person eligible for relief has not resided with the respondent for at least 7 days before the filing of the petition.
Under § 4-501(b)(1), definitions of “abuse”: “(VII) harassment under § 3-803 of the Criminal Law Article if the person eligible for relief has not resided with the respondent for at least 7 days before the filing of the petition; (VIII) trespass under Title 6, Subtitle 4 of the Criminal Law Article if the person eligible for relief has not resided with the respondent for at least 7 days before the filing of the petition; or (IX) malicious destruction of property under § 6-301 of the Criminal Law Article if the person eligible for relief has not resided with the respondent for at least 7 days before the filing of the petition.” / 4/10/2015 Unfavorable Report by Judiciary
HB 263 / Delegates Valentino-Smith, Angel, Atterbeary, Dumais, Kelly, McComas, and Rey / Domestic Violence - Permanent Protective Orders - Conspiracy or Solicitation to Commit Murder
/ Expanding the circumstances under which a court is required to issue a permanent final protective order to include the conviction of an individual for conspiracy or solicitation to commit murder under specified circumstances. / 3/19/2015 Third Reading Passed
In the Senate:
4/5/2015 Third Reading Passed
In the House:
4/8/2015 Returned Passed
HB 346 / Delegates Morales, Pena-Melnyk, Angel, Atterbeary, D. Barnes, Campos, Carter, Chang, Dumais, Frick, Jackson, Kipke, Kittleman, Moon, Patterson, Platt, Smith, Sydnor, Vallario, Waldstreicher, Walker, A. Washington, and K. Young / Court Personnel - Altering References from Master to Magistrate / Altering references to the term "master" to "magistrate" in specified provisions of law. / 3/12/2015 Third Reading Passed
In the Senate:
4/5/2015 Third Reading Passed
In the House:
4/6/2015 House Concur - Senate Amendments
Third Reading Passed
Passed Enrolled
HB 348
(SB 468) / Delegates Rosenberg and Dumais / Civil Right to Counsel - Implementation / Requiring the Governor to include in the budget bill for each fiscal year a specified appropriation to provide legal representation to income-eligible parties in protective order proceedings; establishing a Judicare Pilot Program to provide legal representation to income-eligible parents in contested custody and visitation proceedings in specified jurisdictions; requiring the Governor to include in the budget bill for each fiscal year a specified appropriation to fund the pilot program; etc. / 3/16/2015 Unfavorable Report by Judiciary; Withdrawn
HB 350 / Delegates Valentino-Smith, Dumais, Rey, and C. Wilson / Child Custody and Visitation - Deployed Parents / Prohibiting a court, in any child custody or visitation proceeding, from making any negative inference regarding a parent's past, present, or future deployment; altering specified provisions relating to expedited hearings; authorizing a party or witness who is subject to deployment to provide testimony and present evidence by electronic means or by telephone under specified circumstances; authorizing a court to grant custody or visitation on behalf of a deployed parent to another individual under specified circumstances; etc. / 2/5/2015 First Reading Judiciary
Hearing 3/05 at 1:00 p.m.
HB 390
(SB 270) / Delegates Atterbeary, Angel, Barkley, Carter, Chang, Dumais, Ebersole, Gutierrez, Hayes, Hill, Jalisi, Kittleman, Lam, Lierman, McCray, Moon, Morales, Pena-Melnyk, Pendergrass, Platt, B. Robinson, Smith, Sydnor, Turner, Valderrama, Valentino-Smith, C. Wilson, and K. Young / Protective Order and Peace Order Petitions - Maryland Residents / Authorizing the filing of a protective order petition if the abuse is alleged to have occurred in the State or if the person eligible for relief is a resident of the State; and authorizing the filing of a peace order petition if a specified act is alleged to have occurred in the State or if the petitioner is a resident of the State.
The amendment doesn’t change the intent, to allow residents of Maryland to petition for peace or protective orders even if the abuse didn’t occur in Maryland. It added a lot of language about foreign protective orders and full faith and credit. / 3/15/2015 Third Reading Passed
In the Senate:
4/5/2015 Third Reading Passed with Amendments
In the House:
4/9/2015 House Concur - Senate Amendments
Third Reading Passed
Passed Enrolled
HB 474[4] / Delegates B. Robinson, Carr, Carter, Cluster, Frush, Glenn, Hill, Holmes, Jalisi, Korman, McDonough, Smith, and K. Young / Family Law - Grandparent Visitation / Altering the circumstances under which an equity court may grant visitation rights to a grandparent of a child. / 3/16/2015 Unfavorable Report by Judiciary
HB 492[5] / Delegates Afzali, Aumann, Carozza, Ciliberti, Ghrist, Hornberger, Impallaria, Kipke, Krebs, Long, McConkey, McDonough, McKay, O'Donnell, Otto, Parrott, Szeliga, Vitale, Vogt, and B. Wilson / Pain-Capable Unborn Child Protection Act / Prohibiting, except in specified circumstances, the performance or inducement or attempted performance or inducement of an abortion unless a determination as to the probable age of the unborn child is made by a specified physician; providing that the failure of a physician to perform specified actions is deemed unprofessional conduct; etc. / 2/11/2015 First Reading Health and Government Operations
Hearing 3/16 at 1:00 p.m.
HB 503[6][7]
(SB 78) / Delegates Dumais, Anderson, Angel, Atterbeary, Barkley, B. Barnes, Barve, Branch, Campos, Carr, Clippinger, Cluster, Conaway, Cullison, Folden, Fraser-Hidalgo, Frick, Frush, Gaines, Gilchrist, Glass, Gutierrez, Healey, Hettleman, Hixson, C. Howard, Jalisi, Jones, Kaiser, Kelly, Krebs, Lafferty, Luedtke, McComas, McIntosh, A. Miller, Moon, Morales, Oaks, Parrott, Pena-Melnyk, Pendergrass, Platt, Rey, Reznik, B. Robinson, S. Robinson, Rosenberg, Smith, Valderrama, Valentino-Smith, Waldstreicher, A. Washington, M. Washington, B. Wilson, C. Wilson, and Zucker / Rape Survivor Family Protection Act / Excluding as a father of a child, for purposes of specified provisions relating to the paternity of a child in a guardianship or adoption proceeding, a man who has committed a specified sexual crime against the child's mother; requiring a court to consider a specified statement when making a specified finding; prohibiting a court from requiring publication of specified information under specified circumstances; etc. / 2/11/2015 First Reading Judiciary
Hearing 2/19 at 1:00 p.m.
HB 577[8]
(SB 402) / Delegates Valentino-Smith, Carr, Clippinger, Cullison, Dumais, Frick, Gilchrist, Kaiser, Kelly, Moon, Morales, Platt, Reznik, Rosenberg, Smith, Sydnor, Tarlau, and M. Washington / Family Law - De Facto Parent / Authorizing a court, on request of specified parties in specified judicial proceedings, to determine whether an individual is a de facto parent of a child; authorizing an individual asserting de facto parent status to intervene in or initiate a specified judicial proceeding; establishing that an individual who is judicially determined to be a de facto parent has specified duties, rights, and obligations; etc. / 3/18/2015 Unfavorable Report by Judiciary; Withdrawn
HB 606[9][10]
(SB 477) / Delegates Dumais, Angel, Atterbeary, Barve, Campos, Clippinger, Cluster, Conaway, Gilchrist, Glenn, Hettleman, Hixson, Jalisi, Kelly, Kramer, Krebs, McComas, Metzgar, A. Miller, Moon, Pendergrass, S. Robinson, Rosenberg, Smith, Valderrama, Valentino-Smith, Waldstreicher, and B. Wilson / Domestic Violence - Persons Eligible for Relief / Altering, for specified purposes relating to domestic violence, the definition of "person eligible for relief" to include an individual who has had a sexual relationship with the respondent. / 4/9/2015 Third Reading Passed
(SB 477 was passed enrolled.)
HB 807[11]
(SB 277) / Delegates Glass, Dumais, Vallario, Anderton, Atterbeary, Aumann, Buckel, Fisher, Ghrist, Jacobs, Kaiser, Kipke, Kittleman, Krebs, Long, McComas, McDonough, McKay, Metzgar, A. Miller, Moon, Parrott, Reilly, Rey, Simonaire, Smith, Sophocleus, and West / Family Law - Protective Orders - Additional Relief / Authorizing a judge in a final protective order to order the respondent to remain a specified distance away from the residence, place of employment, school, or temporary residence of a person eligible for relief. / 3/19/2015 Third Reading Passed
In the Senate:
3/20/2015 First Reading Judicial Proceedings
HB 888
(SB 650) / Delegates Carter, Anderson, D. Barnes, Cluster, Jalisi, McConkey, O'Donnell, Oaks, Rey, Vaughn, Walker, A. Washington, and C. Wilson / Family Law - Rebuttable Presumption of Joint Custody / Creating a rebuttable presumption in specified court proceedings that specified custodial arrangements are in the best interests of a child; and authorizing the court to grant sole custody under specified circumstances. / 2/13/2015 First Reading Judiciary
Hearing 3/05 at 1:00 p.m.
HB 961
(SB 511) / Delegates Ciliberti, Adams, Afzali, Carozza, Cassilly, Folden, Ghrist, Glass, Grammer, Hornberger, Impallaria, Jacobs, Kipke, Krebs, McComas, McDonough, McKay, Metzgar, W. Miller, Morgan, O'Donnell, Parrott, Reilly, Shoemaker, Simonaire, Szeliga, Vogt, and B. Wilson / Women's Late-Term Pregnancy Health Act / Providing that, except in the case of a medical emergency, an abortion may not be performed or induced or be attempted to be performed or induced unless a specified physician makes a specified determination; providing that, except in the case of a medical emergency, an individual may not knowingly perform or induce or attempt to perform or induce an abortion if the probable gestational age of an unborn child is a specified number of weeks; etc. / 2/13/2015 First Reading Health and Government Operations
Hearing 3/16 at 1:00 p.m.
HB 1083
(SB 550) / Delegates Dumais, McComas, Anderson, Angel, Atterbeary, D. Barnes, Barron, Carr, Clippinger, Cullison, Fraser-Hidalgo, Frick, Frush, Gilchrist, Glenn, Haynes, Healey, Hill, Impallaria, Kaiser, Kelly, Kramer, Krimm, Lierman, McCray, McIntosh, A. Miller, Moon, Pendergrass, Proctor, B. Robinson, S. Robinson, Rosenberg, Smith, Stein, Turner, Valderrama, Waldstreicher, M. Washington, and C. Wilson / Child Custody - Legal Decision Making and Parenting Time / Repealing references to the terms "child custody" and "visitation" in specified instances and substituting the terms "legal decision making" and "parenting time" in specified instances; requiring the court, in determining the appropriate allocation of legal decision making or parenting time between the parties, to consider specified factors; authorizing the court to consider specified factors; specifying that specified factors are not relevant, except under specified circumstances; etc. / 2/13/2015 First Reading Judiciary