MD FAMILY LAW BILLS AS OF 3/6/14

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

BILL #
(cross-filed) / SPONSOR(S) / TITLE / SYNOPSIS / STATUS /
HB0027
(SB0656) / Delegates M. Washington, A. Kelly, and B. Robinson / Correctional Services - Healthy Births for Incarcerated Women Act / Prohibiting the use of a physical restraint on an inmate while the inmate is in labor or during delivery; requiring the medical professional responsible for the care of a specified inmate to determine when the inmate's health allows the inmate to be returned to a correctional facility after giving birth; prohibiting, with specified exceptions, a physical restraint from being used on a specified inmate; requiring a correctional facility to document specified use of a physical restraint; etc.[1] / 3/6/14 Third Reading Passed (135-0)
In the Senate:
3/7/14 First Reading Judicial Proceedings
HB0044 / Delegate Vitale / Family Law - Temporary and Final Protective Orders - Emergency Evaluation for Mental Disorder / Authorizing a judge, when issuing a temporary or final protective order, to order the respondent to undergo a specified emergency evaluation under specified circumstances; requiring a judge, in determining whether to order a respondent to vacate the home, to consider the results of a specified emergency evaluation; etc. / 1/8/14 First Reading Judiciary
Hearing 1/20/14 at 1:00 p.m.
HB0068
(SB0444) / Delegate Haddaway-Riccio / Family Law - Denial of Custody or Visitation - Sexual Abuse of a Minor / Prohibiting a court, except under specified circumstances or unless good cause for the award of custody or visitation is shown, from awarding custody of a child or visitation with a child to a parent who has been found guilty of sexual abuse of a minor; clarifying that specified provisions of law may not be construed to require a conviction of a party for a crime before a determination by the court regarding custody or visitation under specified circumstances; and applying the Act prospectively.[2] / 1/8/14 First Reading Judiciary
Hearing 1/16/14 at 1:00 p.m.
HB0090 / Delegate Simmons /
Regulated Firearms - Disqualifying Crime - Domestically Related Crime
/ Clarifying the definition of "convicted of a disqualifying crime" to specify that the term includes a case in which a person received probation before judgment for a crime of violence other than assault in the second degree and a case in which a person received probation before judgment in a domestically related crime; and modifying the definition of "disqualifying crime" to include a domestically related crime. / 1/8/14 First Reading Judiciary
Hearing 3/4/14 at 1:00 p.m.
HB0185[3]
(SB0683) / Delegates Simmons and Kramer /
Crimes - Committing a Crime of Violence in the Presence of a Minor - Penalties
/ Prohibiting a person from committing a specified crime of violence when the person knows or reasonably should know that a minor who is at least 2 years old is present in a residence; establishing specified circumstances under which a minor is present; establishing an enhanced penalty not exceeding 5 years for a violation of the Act; authorizing a court to impose an enhanced penalty if the State's Attorney provides a specified written notice to the defendant and if specified elements have been proven beyond a reasonable doubt; etc. / 3/8/14 Third Reading Passed (138-0)
In the Senate:
3/9/14 First Reading Judicial Proceedings
HB0236
(SB0208) / Delegate Dumais /
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.[4] / 1/17/14 First Reading Judiciary
Hearing 1/30/14 at 1:00 p.m.
HB0282 / Delegate Costa /
Family Law - Peace Orders and Protective Orders - Shielding
/ Requiring a court, if a peace order petition is denied or dismissed, to order the shielding of all court records related to the proceeding within 5 business days of the denial or dismissal; requiring a court, if a protective order petition is denied or dismissed, to order the shielding of all court records related to the proceeding within 5 business days of the denial or dismissal; etc. / 3/13/14 Unfavorable Report by Judiciary
HB0306
(SB0337) / The Speaker (By Request - Administration) and Delegates Simmons, Anderson, Arora, Carr, Carter, Clippinger, Dumais, Fraser-Hidalgo, Frick, Glenn, Hixson, Jones, Kaiser, Lee, Luedtke, A. Miller, Reznik, Rosenberg, Swain, Valderrama, Valentino-Smith, Waldstreicher, M. Washington, and Zucker /
Criminal Law - Crimes Committed in the Presence of a Minor - Penalties
/ Prohibiting a person from committing a specified crime of violence if the crime is a domestically related crime and the person knows or reasonably should know that a minor is present; establishing a specified circumstance under which a minor is present; establishing a specified enhanced penalty for a violation of the Act; authorizing a court to impose an enhanced penalty if the State's Attorney provides specified notice to the defendant in a specified manner and if specified elements have been proven beyond a reasonable doubt; etc. / 3/6/14 Third Reading Passed (136-0)
In the Senate:
3/7/14 First Reading Judicial Proceedings.
HB0307
(SB0333) / The Speaker (By Request - Administration) and Delegates Clippinger, Anderson, Arora, Busch, Carr, Dumais, Fraser-Hidalgo, Frick, Glenn, Hixson, Jones, Kaiser, Lee, Luedtke, A. Miller, Reznik, Rosenberg, Simmons, Swain, Valderrama, Valentino-Smith, Waldstreicher, M. Washington, and Zucker / Peace Orders and Protective Orders - Burden of Proof / Changing the standard of proof from clear and convincing evidence to a preponderance of the evidence by which a judge in a peace order hearing must make specified findings before the judge may issue a final peace order or mutual peace orders; and changing the standard of proof by which a judge in a protective order hearing must make specified findings before the judge may grant a final protective or mutual protective orders or extend the term of a protective order.[5] / 3/6/14 Third Reading Passed (120-15)
In the Senate:
3/7/14 First Reading Judicial Proceedings
HB0309
(SB0334) / The Speaker (By Request - Administration) and Delegates Dumais, Anderson, Arora, Busch, Carr, Carter, Clippinger, Fraser-Hidalgo, Frick, Glenn, Hixson, Jones, Kaiser, Lee, Luedtke, A. Miller, Reznik, Rosenberg, Simmons, Swain, Valderrama, Valentino-Smith, Waldstreicher, M. Washington, and Zucker / Family Law - Domestic Violence - Permanent Final Protective Orders / Requiring a court to issue a permanent final protective order against an individual who is sentenced to serve, instead of who served, a term of imprisonment of at least 5 years for specified crimes under specified circumstances; adding the crime of assault in the second degree to the list of crimes, the commission of which subjects an individual to the issuance of a permanent final protective order against the individual in specified circumstances; etc.[6] / 3/6/14 Third Reading Passed (132-0)
In the Senate:
3/7/14 First Reading Judicial Proceedings
HB0315 (SB0396) / Delegate Anderson (By Request - Baltimore City Administration) / Equity Court Jurisdiction - Immigrant Children - Custody or Guardianship Petitions / Altering the jurisdiction of an equity court to include a petition to award custody or guardianship of an immigrant child that is filed with a motion for Special Immigrant Juvenile factual findings; and defining the term "child" to mean an unmarried individual under the age of 21 years under specified circumstances. / 2/28/14 Third Reading Passed (83-47)
In the Senate:
3/3/14 First Reading Judicial Proceedings
HB0333[7]
(SB0028) / Delegates Clippinger, Anderson, Arora, Cluster, Dumais, Glass, Lee, McDermott, McIntosh, Mitchell, Swain, Valderrama, Valentino-Smith, Waldstreicher, and M. Washington / Peace Orders and Protective Orders - Burden of Proof / Changing the standard of proof, from clear and convincing evidence to a preponderance of the evidence, by which a judge in a peace order hearing must make specified findings before the judge may issue a final peace order or mutual peace orders; changing the standard of proof by which a judge in a protective order hearing must make specified findings before the judge may grant a final protective order or mutual protective orders or extend the term of a protective order; etc.[8] / 3/3/14 Unfavorable Report by Judiciary
HB0352[9]
(SB0369) / Delegates Valentino-Smith, Arora, Beidle, Braveboy, Carter, Clippinger, DeBoy, Dumais, Eckardt, Frush, Haddaway-Riccio, Healey, Howard, Hubbard, Ivey, McDermott, Rosenberg, Swain, Valderrama, and Waldstreicher / Peace Orders and Protective Orders - Penalties - Second or Subsequent Offenses / Making specified violations for failing to comply with an interim, a temporary, or a final protective order a prior offense for the purposes of determining penalties for a second or subsequent offense for failing to comply with an interim, a temporary, or a final peace order; etc. / 3/6/14 Third Reading Passed (134-2)
In the Senate:
3/7/14 First Reading Judicial Proceedings
HB0383 / Delegate Glenn / Family Law - Unattended Child Under the Age of Three / Prohibiting a person who is charged with the care of a child under the age of 3 years from allowing the child to be locked or confined in a dwelling, a building, an enclosure, or a motor vehicle out of sight unless the person charged with care provides a reliable person at least 15 years old to remain with the child to protect the child; and making the Act an emergency measure. / 2/17/14 Unfavorable Report by Judiciary
HB0397 / Delegates Simmons, Dumais, Carter, Anderson, Arora, Conaway, Glass, K. Kelly, McComas, McDermott, Rosenberg, Smigiel, Valderrama, Valentino-Smith, Vallario, Vitale, and Waldstreicher / Peace Orders and Protective Orders - Consent Orders - Shielding / Authorizing a respondent who consents to the entry of a peace order or protective order to file a written request to shield court records relating to the peace order or protective order proceeding under specified circumstances; requiring the court, under specified circumstances, to order the shielding of all court records relating to a peace order or protective order proceeding if the respondent consents to the entry of the order; etc. / 3/11/14 Third Reading Passed (106-29)
In the Senate:
3/13/14 First Reading Judicial Proceedings
HB0542
(SB0017) / Delegate Luedtke / Family Law - Performance of Marriage Ceremonies / Authorizing an individual authorized by a clerk of a circuit court to perform a marriage ceremony in the State; establishing that the authority of a specified individual to perform a marriage ceremony expires at a specified time; and authorizing the Court of Appeals to adopt rules to implement the Act. / 2/17/14 Unfavorable Report by Judiciary; Withdrawn
HB0550
(SB0812) / Delegate Rosenberg / Child Support - Income Tax Refund Intercept - Priority of Requests and Information to Obligee / Requiring specified arrearages collected through the Federal Tax Refund Offset Program to be applied in a specified order under specified circumstances; requiring the Child Support Enforcement Administration to provide information to an obligee who receives a specified refund; and requiring the Department of Human Resources to submit a report to the General Assembly on or before December 1, 2014, regarding child support collection, why specified options have not been implemented, and the cost of implementing those options. / 1/29/14 First Reading Ways and Means
Hearing 2/14/14 at 1:00 p.m.
HB0622 / Delegates Simmons and Kramer /

Criminal Law - First Degree Assault - Strangulation

/ Prohibiting a person from committing an assault by applying pressure on the throat or neck of another person with the intent to impede the normal breathing or circulation of the blood of the other person; and establishing that a person who violates the Act is guilty of the felony of assault in the first degree and on conviction is subject to a specified penalty.[10] / 1/30/14 First Reading Judiciary
Hearing 2/21/14 at 1:00 p.m.
HB0647[11]
(SB0434) / Delegates Waldstreicher, Clippinger, Dumais, Gutierrez, Lee, and A. Miller / Peace Orders and Protective Orders - Extensions / Requiring the court, if a motion to extend the term of a final peace order or a final protective order is filed during the term of the order, to hold a hearing within 30 days after the motion is filed; and requiring the court, if the hearing is scheduled after the original expiration date of the order, to extend the order and keep the terms of the order in full force and effect until the hearing. / 3/6/14 Third Reading Passed (134-1)
In the Senate:
3/7/14 First Reading Judicial Proceedings
HB0675 / Delegate Glass / Recreational Hunting or Fishing License Applications - Disclosure of Information / Establishing that the Department of Natural Resources may require an applicant to provide only specified information on an application for a recreational hunting or fishing license; altering the information that a request for information from a recreational hunting or fishing license application made by the Child Support Enforcement Administration of the Department of Human Resources to the Department of Natural Resources is required to contain; etc.[12] / 3/13/14 Unfavorable Report by Environmental Matters
HB0705
(SB0940) / Delegates Waldstreicher, K. Kelly, Lee, McDermott, Niemann, Proctor, Simmons, and Swain / Victims of Crime - Legal Representatives of Minors and Disabled and Elderly Persons / Authorizing a personal representative to request specified compensation, restitution, or financial property interest for a decedent who was a victim of a crime; providing that the rights, duties, and powers of a guardian of the person of a minor shall include serving as a victim's representative under specified circumstances; authorizing a court to order a guardian of the person of a specified person with a disability to serve as a victim's representative under specified circumstances; etc. / 3/9/14 Third Reading Passed (136-0)
In the Senate:
3/10/14 First Reading Judicial Proceedings
HB0760 / Delegate Dumais / Family Law - Out-of-State Civil Unions - Applicability of Domestic Relations Laws / Establishing that parties to a civil union validly entered into in another state or country shall be subject to the law of domestic relations of the State to the same degree and in the same manner as prescribed under the law of the State for married individuals. / 3/15/14 Unfavorable Report by Judiciary; Withdrawn