MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS Delegate Chang Family Law Destitute Adults Senator Reilly 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: Delegate Morales 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 House: (crossfiled) HB 15 SB 79 HB 214 Discrimination in Employment Conditions Related to Pregnancy or Childbirth 2/20/2017 Unfavorable Report by Judiciary Senate: 2/20/2017 Unfavorable Report by Judicial Proceedings 1/20/2017 First Reading Economic Matters Hearing 2/14 at 1:00 p.m. 1 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) employee’s employer. An “undue hardship” is defined as a significant difficulty or expense. HB 255 SB 349 Delegate Hettleman Senator Zirkin HB 260 SB 780 Delegate Queen Senator Lee Criminal Procedure - Sexual Assault Victims' Rights - Disposal of Rape Kit Evidence and Notification Local Government - Sexual Assault Cases - Local Audits 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: 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 House: 3/6/2017 Favorable with Amendments Report by Judiciary Senate: 2/23/2017 Third Reading Passed House (on SB 349): 2/24/2017 First Reading Judiciary 1/23/2017 First Reading Appropriations Hearing 2/07 at 1:00 p.m. Senate: 2/3/2017 First Reading Judicial Proceedings Hearing 2/28 at 1:00 p.m. 2 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) 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 thirdparty audits of sexual assault cases. 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 violence protective order proceeding from being admissible as evidence in a divorce proceeding. It also repeals a provision that prohibits a court from considering compliance with a domestic violence 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: 1/20/2017 First Reading Judicial Proceedings Hearing 2/02 at 1:00 p.m. 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 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 before or after the offense for which the defendant is on trial. House: 1/25/2017 First Reading Judiciary Hearing 2/21 at 1:00 p.m. Senate: 1/20/2017 First 3 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS 2017) The bill establishes procedural requirements for the introduction of such evidence by a State’s Attorney and hearings by a court on the admissibility of the evidence. The bill also establishes provisions governing the admission of such evidence by a court. Reading Judicial Proceedings (crossfiled) Hearing 2/08 at 1:00 p.m. The bill’s provisions do not limit the admission or consideration of evidence under any Maryland Rule or other provision of law. HB 4281 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 House: 3/6/2017 Favorable with Amendments Report by Judiciary Senate: 2/2/2017 First Reading Judicial Proceedings Hearing 2/23 at 1:00 p.m. 1 (The Legal Aid Bureau, Inc., does not take a position on this legislation; this note simply reports, without comment, a position taken by another nonprofit.) MLAW (The Maryland Legislative Agenda for Women) supports this bill because, in part: “Five percent (5%) of rape victims of reproductive age (age 12-45) became pregnant as a result of rape, with the majority of pregnancies in adolescents. The Rape Survivor Family Protection Act would create a legal process for rape victims to terminate the parental rights of rapists when a child is conceived as result of rape. Victims would be required to meet a clear and convincing standard of evidence. This is the same standard used for other termination of parental rights cases – no more, no less.” 4 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) 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. HB 429 SB 2172 Delegate Dumais Senator Kelley HB 480 Delegate Rosenberg Criminal Law Sexual Offenses Physical Resistance Criminal Law – Harassment – Misuse of Interactive Computer Service This bill alters the definitions of “mentally defective individual,” “physically helpless individual,” and “substantially cognitively impaired individual” under § 3301 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: 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 House: 3/6/2017 Favorable with Amendments Report by Judiciary Senate: 2/23/2017 Third Reading Passed In the House on SB 217: 2/24/2017 First Reading Judiciary 3/6/2017 Unfavorable Report by Judiciary 2 (The Legal Aid Bureau, Inc., does not take a position on this legislation; this note simply reports, without comment, a position taken by another nonprofit.) MLAW (The Maryland Legislative Agenda for Women) supports this bill because, in part: “This bill clarifies and modernizes Maryland’s sex crimes statutes by making it clear that rape victims are not required to physically resist sexual assault”. 5 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) 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. HB 4843 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: 2/3/2017 First Reading Judicial Proceedings Hearing 3/09 at 1:00 p.m. HB 5084 3 Delegate Child Custody - This bill alters provisions of law House: This bill was introduced in 2016 as HB 911 (passed the House, died in Judicial Proceedings in the Senate). 6 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS SB 368 Dumais (The two bills are not crossfiled but are, identical.) Senator Lee Legal Decision Making and Parenting Time relating to child custody and visitation proceedings and establishes numerous factors for courts to consider in cases involving “legal decision making” and “parenting time.” 1/27/2017 First Reading Judiciary (crossfiled) Hearing 2/09 at 1:00 p.m. Senate: 1/26/2017 First Reading Judicial Proceedings Hearing 2/14 at 1:00 p.m. HB 5475 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 House: 1/30/2017 First Reading Health and Government Operations Hearing 3/10 at 1:00 p.m. 4 These bills are another version of the Custody – Legal Decision Making and Parenting Time bills that were a result of the Commission on Child Custody Decision Making’s final report published in 2014. In 2015, HB 1083 and SB 550 were similar to this one except that they included provisions regarding de facto parents as well as another category of third parties called people with “an ongoing personal relationship with the child. HB 1083 had a hearing before Judiciary and SB 550 had bearings (Judiciary and Judicial Proceedings) but no further action was taken. In 2016, HB 1232 and SB 978, similar to the 2015 bills, got no further than hearings before their respective committees. This current bill has no provisions for third party custody. 5 Introduced in 2016 as HB 603 and SB 749 (died in Health and Government Operations in the House and died in Finance in the Senate). Introduced in 2015 as HB 492 (died in Health and Government Operations). Introduced in 2014 as HB 283 and SB 34 (died in Health and Government Operations in the House and Finance in the Senate). Introduced in 2013 as HB 1312 and SB 456 (died in Health and Government Operations in the House and Finance in the Senate). 7 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) 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 8 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) 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. HB 636 SB 106 Delegate ValentinoSmith Child Custody and Visitation Deployed Parents Senator Cassilly HB 7227 SB 881 Delegate Dumais Senator Kelley Estates and Trusts – Elective Share of Surviving Spouse 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: This bill establishes new provisions that authorize a surviving spouse to take a onehalf or one-third elective share of House: 2/1/2017 First Reading Judiciary Hearing 2/23 at 1:00 p.m. Senate: 7/5/2016 Prefiled 1/11/2017 First Reading Judicial Proceedings 1/24/2017 Hearing at 1 PM 2/2/2017 First Reading Health 6 Introduced in 2016 as HB 1379 and SB 813(unfavorable reports by both committees). Introduced in 2015 as HB 350 (died in Judiciary). 7 Introduced in 2016 as SB 913 (died in Judicial Proceedings committee) and HB 1229 (3rd reading passed in the House but died in Judicial Proceedings committee in the Senate). 9 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS 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 onehalf or one-third elective share of the net probate estate of the decedent, as specified. The bill applies only prospectively. and Government Operations 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. House: (crossfiled) HB 735 SB 73 Delegate Malone Senator Reilly Estates and Trusts - Share of Intestate Estate Inherited by Surviving Spouse 2nd The amendments (passed reading) change $100,000 to $40,000. Hearing 2/22 at 1:00 p.m. Senate: 2/3/2017 First Reading Judicial Proceedings Hearing 3/09 at 1:00 p.m. 2/2/2017 First Reading Health and Government Operations Hearing 2/22 at 1:00 p.m. Senate: 2/16/2017 Third Reading Passed In the House on SB 73: 10 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) 2/17/2017 First 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: 3/6/2017 Favorable with Amendments Report by Judiciary 11 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS 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: 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 15901, 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: (crossfiled) HB 764 SB 6768 HB 793 Delegate Angel SB 839 Senator Kagan Family Law – Restoration of Former Name 2/3/2017 First Reading Health and Government Operations Hearing 3/02 at 1:00 p.m. Senate: 2/3/2017 First Reading Judicial Proceedings Hearing 3/09 at 1:00 p.m. 2/3/2017 First Reading Judiciary Hearing 3/02 at 1:00 p.m. Senate: Third Reading Passed In the House on SB 83: 2/3/17 First Reading Judiciary 8 Introduced in 2014 as SB 261 (unfavorable report in Judicial Proceedings) and HB 816 (Unfavorable Report by Health and Government Operations). 9 Introduced in 2016 as HB 1183 (passed the House, received a favorable report in the Senate, but no action was taken after the report). 12 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS 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: 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: (crossfiled) HB 79910 HB 80311 Delegate Angel SB 900 Senator Peters Domestic Violence – Education and Definition of Abuse 2/3/2017 First Reading Judiciary Hearing 2/23 at 1:00 p.m. 2/3/2017 First 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 81212 Delegate Jalisi SB 1032 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 House: 2/3/2017 First Reading Judiciary 10 Introduced in 2016 as HB 911 (passed the House, died in committee in the Senate) Introduced in 2016 as HB 1396 (unfavorable report by Judiciary) and SB 960 (died in committee). 12 Introduced in 2016 as HB 421 (unfavorably report by Judiciary) and SB 1019 (unfavorable report by Judicial Proceedings). Introduced in 2015 as HB 474 (unfavorable report by Judiciary). Introduced in 2014 as HB 1007 (unfavorable report by Judiciary). Introduced in 2011 as HB 1037 (unfavorable report by Judiciary). 11 13 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS 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. Hearing 3/02 at 1:00 p.m. 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: 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 House: (crossfiled) HB 92613 HB 955 13 Delegate McComas Delegate Hill Child Support – Health Insurance – Definition Family Law – Age of Majority – Jurisdiction of Court Senate: 2/10/2017 First Reading Senate Rules 2/15/2017 Rereferred to Judicial Proceedings Hearing 3/14 at 1:00 p.m. 2/6/2017 First Reading Judiciary Hearing 3/02 at 1:00 p.m. 2/6/2017 First Reading Judiciary Hearing 3/02 at 1:00 p.m. Introduced in 2016 as HB 850 (passed the House, died in Judicial Proceedings in the Senate). 14 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) has reached age 18 and who is enrolled in an “institution of postsecondary education,” as specified. HB 1047 Delegate Moon SB 906 Senator Muse HB 1057 Delegate Atterbeary Child Support – Suspension of EmploymentRelated License for Arrears Hardship Exception and Reinstatement Family Law – Domestic Violence – Permanent Final Protective Orders 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: 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: 2/8/2017 First Reading Judiciary Hearing 3/02 at 1:00 p.m. Senate: 2/3/2017 First Reading Judicial Proceedings Hearing 3/09 at 1:00 p.m. 2/8/2017 First Reading Judiciary Hearing 3/02 at 1:00 p.m. 15 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS Delegate Pendergrass Health - Family Establishing the Family Planning Planning Services - Program in the Department of Continuity of Care Health and Mental Hygiene to ensure the continuity of family planning services in the State; requiring the Program to provide family planning services to specified individuals through specified providers; authorizing the Program to adopt specified regulations; requiring the Maryland Medical Assistance Program to ensure access to and continuity of services provided by specified family planning providers in a specified manner; etc. STATUS (crossfiled) HB 1083 SB 1081 Senator Madaleno House: 2/9/2017 First Reading Health and Government Operations Hearing 3/14 at 1:00 p.m. Senate: 2/15/2017 First Reading Senate Rules 2/22/2017 Rereferred to Budget and Taxation Hearing 3/15 at 1:00 p.m. 2/28/2017 Hearing canceled Hearing 3/08 at 1:00 p.m. HB 1104 SB 276 Delegate Hixson Senator Madaleno Inheritance Tax Exemption Evidence of Domestic Partnership This bill eliminates the requirement that a domestic partner of a decedent produce an affidavit of domestic partnership in order to exempt from the State inheritance tax the value of a certain primary residence that passes to the domestic partner. Amendment changes the bill to provide that the specific affidavit House: 2/9/2017 First Reading Ways and Means Hearing 3/01 at 1:00 p.m. Senate: Third Reading Passed 16 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS isn’t required but that the things listed in Health-Gen 6-101(b)(2) can be used as evidence of domestic partnership – things like joint liability on mortgage, lease, loan, joint ownership of car, joint checking account, and others. In the House on SB 276: Prohibiting, except under specified circumstances, the performance of or the attempt to perform a dismemberment abortion that kills an unborn child on a pregnant woman; authorizing a specified individual to seek a hearing before the State Board of Physicians on a specified issue; providing that specified findings of the Board from a specified hearing are admissible on that issue at a specified trial; providing for the delay of a specified trial for a specified purpose for a specified number of days; etc. House: (crossfiled) HB 1167 Delegate Wivell SB 841 Senator Ready Unborn Child Protection From Dismemberment Abortion Act of 2017 2/15/2017 First Reading Ways and Means Hearing 3/22 at 1:00 p.m. 2/9/2017 First Reading Health and Government Operations and Judiciary 2/10/2017 Reassigned to Health and Government Operations Hearing 3/10 at 1:00 p.m. Senate: 2/3/2017 First Reading Finance Hearing 3/15 at 1:00 p.m. HB 1247 Delegate McMillan Family Law – Child Support Actions – Court Costs Requiring that a court award costs to the prevailing party in a proceeding to recover child support arrearages, enforce a decree of child support, or enforce a decree of custody or visitation unless justice requires House: 2/10/2017 First Reading Judiciary Hearing 3/09 at 1:00 p.m. 17 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) otherwise. HB 1248 HB 1263 SB 996 Delegate Malone Delegate Dumais Senator Lee HB 1297 Delegate ValentinoSmith Child Support Guidelines – Presumption of Full-Time Work at Minimum Wage Rate Establishing a rebuttable presumption under the child support guidelines that a parent is able to work 40 hours per week at the minimum wage rate. House: Family Law – Child Altering the definition of "abuse" Abuse and Neglect for the purpose of specified child – Definitions abuse and neglect statutes to include the physical or mental injury of a child by a person who, because of the person's position or occupation, exercises authority over the child under specified circumstances; providing that "abuse" does not include the physical injury of a child by accidental means; altering the definition of "mental injury" for the purpose of specified child abuse and neglect statutes; etc. House: Domestic Violence This bill expands the list of – Petitioner – “petitioners” who may file for a Attorney for Child domestic violence protective order that seeks relief from abuse on behalf of a minor child to include attorneys appointed by the court in specified family law actions. House: 2/10/2017 First Reading Judiciary Hearing 3/09 at 1:00 p.m. 2/10/2017 First Reading Judiciary Hearing 3/09 at 1:00 p.m. Senate: 2/3/2017 First Reading Judicial Proceedings Hearing 3/09 at 1:00 p.m. 2/10/2017 First Reading Judiciary Hearing 3/02 at 1:00 p.m. “Attorney for the child” is defined in 1-202 which provides that, in any action dealing with 18 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS (crossfiled) custody, visitation, or child support, the Court can appoint a BIA or child’s counsel. SB 219 SB 499 Senator Lee Senator Norman Criminal Procedure Pretrial Release Victim Protection Family Law – Divorce on Grounds of Mutual Consent – Court Appearance This bill requires the forms for a confidential supplement to an application for a statement of charges and a statement of probable cause to incorporate a request by an alleged victim or the victim’s representative for (1) reasonable protections for the safety of an alleged victim or the victim’s family and (2) registration with the State’s Victim Information and Notification Everyday (VINE) vendor to inform the alleged victim or the victim’s representative of the release determination made by the court and any other notice available through the State’s VINE vendor. Senate: This bill repeals a requirement that both parties appear before the court in order to be granted an absolute divorce on the ground of mutual consent. Senate: 1/19/2017 First Reading Judicial Proceedings Hearing 1/31 at 1:00 p.m. 2/23/2017 Third Reading Passed House (on SB 499): 2/24/2017 First Reading Judiciary SB 90514 14 Senator Muse Legal Decision Making and This bill is about a presumption of joint custody. Senate: 2/3/2017 First Introduced in 2016 as SB 962 (died in Judicial Proceedings committee) and HB 1386 (died in Judiciary committee). 19 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS Parenting Time – Shared Parenting Time for Family Equality Act Creating a rebuttable presumption in specified legal decision making and parenting time proceedings that specified co-parenting arrangements are in the best interests of a child; authorizing a court to consider specified factors when determining the best interests of the child; authorizing the court to award primary legal decision making and parenting time under specified circumstances; requiring the court to enter specified information on the record; etc. Reading Judicial Proceedings (crossfiled) Hearing 3/09 at 1:00 p.m. (From 2016: This bill creates a rebuttable presumption in an initial child custody proceeding, whether pendente lite or permanent, involving the parents of a child, that an award of joint physical custody for approximately equal periods of time for each parent and joint legal custody is in the best interests of the child. The bill specifies factors that may be considered in determining the best interests of the child. If the court determines by a preponderance of the evidence that a joint custody arrangement is not in the best interests of the child, the court may award sole custody to one parent and must enter on the record the factors considered by the court in reaching its decision.) SB 1095 Senator Muse Family Law – Child Support – Custody and Visitation Requiring the court, in any case in which the court determines child support, if there is no court order awarding custody and Senate: 2/17/2017 First Reading Senate 20 MD FAMILY LAW BILLS AS OF 3/5/17 (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 # SPONSOR(S) TITLE SYNOPSIS STATUS visitation of the child, to refer the parties to the resources available to assist them in establishing custody and visitation; and requiring the Child Support Enforcement Administration, when it has established a child support obligation and there is no court order awarding custody and visitation of the child, to refer the parties to the resources available to assist them in establishing custody and visitation. Rules (crossfiled) 2/22/2017 Rereferred to Judicial Proceedings Hearing 3/14 at 1:00 p.m. (This is the status of bills through HB 1644 and SB 1171, as of 3/5/17.) 21
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