2017-03-05 Family Law Legislative Update

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